The New York Herald Newspaper, June 11, 1867, Page 8

8 . RIAL OF JOA W. & aeoner Court Yesterday. ct Attorney Chal- es the Jury. long He Deelares Phem ffiegally Em- panelled, The Dofenes is Taken by Surprise and Asks for a Recess, Adjournment of the Court Until his Morning. &, &e. &e. Wasumatox, D. C., June 10, 1867. The trial of John H. Surratt was commenced to-day, and 4 Ube att-absorbing topic of conversation, Quite a erowd had assombied in and about the Criminal Court poom long before the hour announced for the opeving of the courk Before ten o'clock spectilations were ri to whether or not the trial would take piace. Many who were pot disposed to endure the inconvenicnce of th esowd, and who simply desired the grat fication of th sounosity by seeing the prisoner, gathered about the City ald slope, and in Judiciary square, and pationtly awaited the hour when tho prisoner should be brought from the jail, THY EXCITEMENT GREAT, Tho excitement regarding the cave ie much greater now than it was on the 27th of May, when Ue vase was first set for trial; and in anticipation of a large crowd in the court room with the view to prevent encroachment \ privileges of such persous as Were entitled to adiisvion within the bar. Yhe system ef igsumg tickets bas been adopthd, and is found effect- we in prev! ample arrangemenis had bee for tho prese ng confusion, OPENING THE COURT, At half-past nine o'clock this morning Judge entered the court roo and took his seat upon th bench, The court was formally opened at ten o’cloe the attorneys for the defence, Mr. Merrick and the Messrs. Bradtey, being present. The District At and Mr. Pierrepont, counsel for the prosecution, subse quently entered the roo: The jurors were calied swered wo their names. ARRIVAL OF THE PRISONKR—IHS APPEARANCE, At balf-past ten o’clock this morning Surratt was Drought into court by Marshal Gooding, handeuiled. Be appeared az he did previously, with a clean shaven face, excepting a mustache anda goatee. He wears his hair long and hanging about his neck, and was dressed inadark suit, After being in the court a few moments she handcuffs were taken off and he was nssigued a seat Deside his counsel, Snrratt’s face is very pale and he ‘wears a careworn and troubled look, although he faintly y and all excepting four an- sniled occasionally as he recsived the nod of an a quaintance After sitting in the court room for some time Le engaged in a tively conversatton with hi el, Mr. Merrick, and ‘what was being said, as he THE CROWD IN By oleven wk the court crammed and e' ‘y Seat within the bar occu Among the auditors were a large number of ¢ men, After aii the preliminaries had been arranged Jndgo Fisher asked if counsel were ready to proceed ‘with the tral. Jobo H. Surratt’s counsel, Mr, Bradley, repiied:— The prisoner is ready, and ha¥ been go for weeks, MOTION OF TUE DISTRICT AYTORYEY, District Attorney Carrington said be was happy to say that the prosecution was ready to proceed with the trial of John H. Sarratt, charged with the murder of the late President of the United States, Abraham Lincolm, on the Lath of April, 1865. Before proceeding to empannel & jury, however, the prosecution desired to submit the followin, Jn te Suprone Court of the District of Columbia. In the waae of the United St ve. John an mditment wmurd nd Bi at this day. wit, on the lth day of Bune, A. D. 1857, come the United States and the said Johu Hb. Surrait, by thelr respective attorneys and the jurors em- Pennelied and sunmoned, aud ¥, chalienge th e said evideutiy mi on the said United array of the sald 8 eota| wording to law. W panel may be quashed. AN APPIDAVIT, Mr. Carrington read thé following affidavit in support of this motion :-— District of Cotumbien, County of Washington, to wit>— Be it remembered that on this th Way of June. A. D, $867, before the subscribed Justice of the Peace ia and for the county aforesaid, in the Distinct aforesak pervonally ap “ared Samuel Douglas, who, being first duly sworn, de- nd saye:—That in the montha, of January and Feb. iy bi Register of Washington elty, in the bout the Srat day.of February, in Mant deposited in, the box required to tim the office of the Clerk of the Supre Be key art ot the atrict of Columbia four hundred names, es ame being per being wniiven on separate pieces of paper, and) each up, as a part of the names trom whieh sarefully rol jurors were to be sciccted, under ke provision of eo act of Congress of June 16, 1802; that at the same time the Clerk of the Lev: deposited 7 forty names and the Clerk of Georgetown deposited forty mames in said jury box; that the names depomted by this aMant were selected by him partly from the poli liste of Washington city and partly from ‘the names of et whom he thought well qualified to serve as jurymen the names of the persons so selected by this atiant as ter were not communicated by him to the Clerk of George town or the Clerk of the Levy Court, nor did they at any es velecied by this aifiant. wr did this that the names having been was returned to the Clerk Disirict of Columbia, and by Believes, in the presence of th for the Ma: ou slerk, then the same were deposited without the knowledge er consent of this aifiant; and, further, this affiant says that the paper or papers containing the names of those whose Baines Were written on said four hundred pieces af pape RRS depoatied as aforesaid he caunot now find, although b made diligent search for the same, SAMUEL BE. DOUGLA‘ Budscribed and sworn before me, this 7h day of June, AD, hee7, Cuanias Wactan, Justice of the Peace. Mr. Carrington then read the act of June 16, 1862, Felative to the empanelling of Jaries in the District of Colombian. The law requires that the jury shali be selected by the Register of Washington and the Clerks of Georgetown and the Levy Court, acting conjointly; that they sbail in the presence of ail the said officers be posited in # box, and that the said box shail be sealed by the Clerk of the Supreme Court. Mr. Carrington arg that the afidavit of Mr. Douglas showed that the names had not been regularly deposited, and con- tended that if the trial were proceeded with, and a ver- dict rendered by @ jury thus empanelied, the proceed- ings would be illegal. Mr. Carrington submitied four objections to proceeding to trial now, as follows:—First, that the Jurors were not selected according to law: second, that their names were not drawn from the box According to law; third, that the list was not preserved @ it ebould have been, and fourth, that the box was not sealed as reqnired by the act of Euner of Pa ore he argued, would prove fatal in cage of t1 In to the first proposition the law was plain that ali three of the officers referred to constituting a board must unite in placing the names tm the box. were constituted a board {or that pur- pore, and one officer could not do the work coverae ‘Gpon all three of the officers, Congress never intend ‘Vaat thie dot houki devolve upon any one of these sficers. He then referred to the affidavit of Mr. Doug- Jas a8 proof that the law bad not been fully complied with In conclosion Mr, Carrington stated the motion thes robmitted was not for rt the prosecution was Feady and anxious to proceed with the trial of this case, and at no time have they been disposed to delay the ‘rial. They are ready now. The jury bas not been @rawn in accordance with the act of Congress, and there eed be no delay im the matter; for by the fifth section of the act of June, 1862, the Court eould proceed at once fe empanel another jury, The Court bas plenary power to proceed im the matter, and the Marshal may be im- mediately ordered to suminon talesmen, MR. DOUGLAS BEAMINED, ‘Mr. Bradley, Sr., said this motion had taken the defence by surprise, and he asked that Mr, Dougias be brought ip and examined in open court, The defence was Dot advised from the aifidavit that the oftcers had taken any action different in the from = taken ever since the 4 erieke, or Mr. Dov ’ of the ‘was sent for and brougat into court, requested that Mr, Douglas be asked the counsel for the presevation it to Mr. Dougias being eworn and exam. Mr. Pierrepont said they would not object if it eustom to examine Witnesses in similar cases. aan NEW: YORK HERALD, TURSDAY, JUNE Ni, 1867.—TRIPLE SHEET. the names placed in the box by the © gerk of the Levy Court and the Clerk of Georgetown ¥ sere taxpayers He whether ail ¥ ghose names he eqne dons Tt was not Mr Pouglas as te what ad @ gne. ‘These officers sO? & and discretion, and tent to go. bi ther oifieers r exercise their own jt it wos to De presumed that the a gor one was the act of all. ‘The Court decided that i We g proper for Mr, Pierre- pont to ask the questioa, PSS 2” AED FOR, answer to the question {yom Mr. Bradley, Sr., Mr. 3 suid that he bad ged away a pay alning uames of the jafOrS, | ad tad searcted for it, but had > to Dud then T° gined from the stand, and Mr, ley asked (hat Hg gourt take a recess, motion (00K “she defence by surprise, and a ques- bOU fm of the matier—whether the trial bo proceersed with anyhow, unless the objee!ion comes from the defendant himself’ He was aware that the current Of decisions was tue other way; but there have beey arguments to show that itis in the power of the coakt tq proceed and try @ case, and even to execute scutenyy When the prisoner, aware of all the facts of in~ formalhey, was \et willing to go to tal, He asked time, therefore, to look mp the law and see if they could not gee tr the jury now empanelied & Mr. Pierrepont said he would interpore no objection to ecess, for he had no doubt that this motion bad taken efeuce by surpri He argued, however, that all partics stipulated and agreod to zo to trial in fany Informality, it would still be legal. No ion. can £0 arrange it _as to make any iegal pro- cevding stand. fe doubted whether there were any decisions the other way, as hiv frend Mr, Bradiey had intimated, Lradley said he did not say,there were not de- ciwons the way, He had heard arguments to prove that i Wy. er ued that a conviction or ac- quittal i liy empanciied would be void. n said he had no objection to interpose He could vot, however, go to trial ase as this with any doubt upon his ality of the jury that would try the ey wanted to know what would be done with ‘all the men who had been executed upon of juries empaneiled im the same manner Pierrepont sa cases, but he was respo District Attorney Carrit he was not responsible ip past le now, ton denied that any one had ever beon hung by @ jury empanelied in this informal Bradley begged his friend's pardon; at least a thns hang, ton said thatif that was so then it was time rect the evil, Bradley said it wa » Court, and he desired this point, interesting question for me to look up the law upon ADJOURNMENT, sranted the application for a recess until to- o'clock, aud the Court then adjourned The Cont row at apni that The prisoner was remanded to the evstody of the Mar- Jai and taken back to jail, a large crowd hastening into Jndiciary square for the purpose of getting a good look at bin POLICE INTELLIGENCE, A Covstry Guxturway Ronvap,—On Satarday, the Ist instant, Mr. Charles Morgan, a gentleman seventy-five years of age, resiling in Bronxviie, Westchester county, une to this city to hire a female domestic for service in < family, Thinking the Battery the most likely place to find a good girl, Mr, Morgan proceeded thither and there meeting with Catharine Jenkins, an Irish woman, about thirty years of age, made known to her his wishes, wd she was cut of a piace and expressed a 1 what to enter tho service of Mr, Morgan for a stipulated eum then agreed upon. The preiiininaries having been satisfactorily arranged, Mr. Morgan and Kato started up town and on passing the corner of Wash- ington and Carlisle streets, Kate asked her aged employer to step into a saloon and treat her to a glass of beer, which was done, both of them partaking of the bever- age. They remained there about five minutes, at the expiration of which time Kate told Mr, Morgan that she had changed her mind, and determined not to go home with him, This aunoencement took Mr. Morgan some- surprise, and while meditating for a few e stipped from the front door and made ler which he was still further astonished 230 in $10 Treasury notes, which he had drawn irom the bank had been abstracted from his vest pocket. He at once suspected Kate and followed in pursuit, but was unable to overtake her. Meeting with officer Griffin, of the First precinet, Mr. Morgan made known bis loss to him, and at the same time described the woman, whom the oflicer at once recognized as one Of notorious character, who had ‘ong imfested the First ward. Search was made for Kate, and on Friday evening she was found promenading Broadway and arrested by Oticer Grifin. It then appeared that after the larceny Kate lett for Canarsie, L. 1, where she bired herseif out to do housework in a family, with the bead of which she deposited $100 in $10 notes for sate keeping. This money was subsequently delivered over to Otficer Griffin. who then informed Kate that he was going to jook for Mr. Morgan, when she became frightened and offered to give bim (Griffin) the $100 it he would not procure Mr. Morgun’s attendanco as a wit- ness against b she failed to bribe the officer, and esterday the accused was arraigned before Justice Dow- jing, when Mr. Morgan appeared and charged her with tho theft of his money, and the magistrate committed Kate to the Tombs for trial in default of bail, The re- mainder of the missing money has not been recovered. Tuzrr or 4 Wacon and Hanyuss,—Thomas Hastings and Thomas Carroll, boys fifteen and sixteen years of ge, were arrested by officer Reid, of the Twenty- seventh precinct, they having in their possession an express wagon and a set of barness valued at ¢. w it is alleged, they had stolen from the stable Dennis Holland 157 Washington strect. The prisoners were taken vefore Justice Dowling and committed to the Tombs for trial in defaalt of $09 bail cacn, ‘Tur Looms Exnerzuxment Case.—The case of Theo- ore Loomis, charged with embezzling $5,000 in interest notes from his former employers—Meesrs. Carter & Hawley—wnich has so often been up for examination before Justice Dowling, was renewed yesterday morn- ing. Mr. Henry E. Hawley, one ot the firm, was cross. examined atgreat length by the defendani’s counsel, but no facts of public importance were elicited. investigation will be continued to-day. Rowpvisw.—Luke Sullivan, a boy about eighteen yearé of age, while standing on the corner of First avonue and Thirty-fourth street got into a difficulty with another youth named Hugh MeCiuskey, during which the latter attempted to stab Sullivan in the breast, but in warding off the blow he received instead an unpleas- aytand deep cut on the arm. During the soutlte, it ts stated, another boy. named Martin Meeban, instignted McCluskey to commit the act. They were both brought before Justice Connolly, at the Fourt District Court, yesterday, Who committed them for trial, in detaait of $500 vail, Fause Rercrxs —Thomas Fiynn and John Looney were both brought before Justice Dod erday, ona complaint tnade against them by Thomas Kelly, No. 204 Third avenue, who charged them witn: having defrauded him ont of $56. Both men bad been empioyed by the complainant to sell pictures, and he charges them with making false returns of their sales and embezzling the precents theredl, They acknowledge the accusation, and express a willingness to refund the money if they pe They were both committed, in default of $500 bai ALLEGED BURGLARY 4ND Lanceny.—As one of tho officers of the Thirteenth precinct was patrolling his beat a night or two ago, he detected two men acting in Asomewhat suspicious manner, convenient to the cot- ton warehouse No. 374 South street. As soon as the ofiicer approached them they started on a run, with the intention of getting away, One of them succeeded in effecting his escape, but the other, in making a jump from a pile of lumber got jambed in between a fence and the lumber, and in this position was arrested. A short distance from this spot the officer perceived four by moments The bags of co:ton. Yesterday the was brought before Justice Shandley and was charged by Leonard G. Van Gleck, of No. 274 South atreet, with burglary and the larceny of one bundred and fifty pounds of cotton, valued at $45, The accused gives his name as James McQuade, alias John Mack. He was committed by the magistrate for further examination, ‘Tus Fox-Qvres Livet Stit.—The papers in the above case, which bas for some time occupied the attention of the Third district Potice Court, were yesterday sent by Sastioe Shandley to ihe, Grand Jury.® The ‘strate, ‘ter a careful examination of th jaced, has decided upon this course. Ya ae ———___.., THE NATIONAL GUARD. First Regiment Artillery, N. G, A new company of eighty members has just been mustered into this command, and they are now in daily expectation of receiving their uniforms and equipmenta. ‘This regiment is now one of the strongest in the city, having vara Out 618 men atthe late Second brigade aril Thirty-Seventh Infantry. The court martial ia the case of Colonel Wm. H. Far- rar, of the Thirty-seventh regiment, National Guard, convened yesterday, at the armory of the Twelfth rogi- mont, in this city. That officer is charged with various delinquencies in the line of his duty. The court con- of Gonoral Win. Ay I First brigade, nl ‘clock A. M. Fourth of July Parade. ‘Major General Shaler will isene his orders 1 two for this parade, 18 wilt not be “form on Street, march down Broadway to the Park and A bew route will be laid out’ Two of ‘tbe regiments Vise bave decided to tere out im white pants & $ ! THE COURTS. USTED STATES DISTRICT GOUT. The Champagne Cases. Betore Judge Blatchford, It was generally supposed among the lega! fraternity practising for the most part in the United States courts ‘that the great champagne cases, which were ret down for hearing yesterday morning, would be called on in due course, and consequently there was a very large attendance of that ilk at the opening of the court, ‘There was disappointment felt among them, however, when the United States District Attorney, Mr. 5. G. Courtney, addressing the Court, asked that his Honor would make some arrangement with regard to the cham- pagne cases, as the continued case from Friday would occupy the whole of the day’s session, There were & great many witnesses present in the case, as it was set down for to-day, among them several officers of the zov- ernment, who could not wetl be spare? from their posts of dnty, especially, as when the case was called on, their attendance in court might be necessary for some davs Hio theretore moved Linas the case be passed over for oue day. Mr, Webster wauld prefer the District Attorney to put the case off till Wednesday, as he feared the continned case about to be proceeded with would occupy the ( two days, Mr, Courtney said-he would do all he could to close art the continued case before the court. The Court then postponed the champagne cases till this morning at eleven o'clock, at which honr all the witnesses in the ‘case are requested to appear without further notice. A Distillery Case. The United States ve. Yen Barrels of Whiskey.— The court was occupied during a late session—up to half-past tive—hearing a claim of forfeiture on the part of the government nominally against ten barrels of whiskey, which, however, involves a valuable property on Henry street, consisting of a distillery and all its working apparatus, The seizure of the property in quos- tion was made on the ground that there was more material prepared for manufacturing into spirits than the returas on the books would indicate was within the capacity of the distillery. Thore were a great number of witnesses sworn for the government and for the defence, and at balf-past five o'clock the court adjourned without arriving at the close of the testimony. The case will be continued at half-past ten this morning. UNITED STATES CIRCUIT COURT. Presentment of the Grand Jury—Indictmenis. Before Judge Shipman. At tho opening of tho court yesterday morning the Grand Jury entered and through their foreman pre- sented indictments in the following cases:— The United States vs. Benjamin F, Okie—Embezzling ‘a letter from the Post Off Daniel J. J. Speiman Obtaining letters by trand and deception ; Michacl Dunn— Obtaining letters trom the Post OMice by frand and de- cepuon; Francis Bardong—Uttering counterfeit national correacy notes; John Haley and Henry L. Diettrich— Same; Joseph’ Hacbrouck—Mizappropriation of the funds’ of a national bank; Nathaniel Oakle king: and engraving a counterfeit currency plate; Charics Ulvich—Engraving counterfeit eurrency plates; Charles ©, Brockway—Making counterfeit frectional currency ; James Russeil, John Mathews, Henry Cutier and Joha Sveger—Attempt to defraud the United states, The Grand Jury then retired to dispose of other cases pend- ing betore them, TED STATES coe SSIONER'S OFFICE. Alleged Whiskey Fraud, Relore Commissioner Osborn, The United States vs. Jaco) Shea.--The defendant in this caso fs charged with romoving a quantity of whis- key from a distillery toa place other than a bonded warchouse, without its betng inspected and branded by an Internal Revenue inspector, The examination into the caso is set down for Friday next. In tho meantime tne accused is committed in default of $1,000 bail. SUPREME COURT—CENERAL TERM. tension of Charch Street—Wholesale ” The E Odjecct of Citizens and Cerporations to the AGir of the Report. Before Judges Leonard, Clerke and Miller. A motion was made yosterday before this court, by Richard O'Gorman and William Feilerton, of counsel, for the confirmation by the Court of the report of the Commissioners of Estimate and Assessment for the ex- tension of Church strect, A Jarge array of counsel appeared in opposition, including Judges Hilton and Bouney, James M. Fowler, ff. B. Anderson, E. Allen, Jobn 0, Dimmick and Mr. Nash, After some preliminary remarks by the Court Mr. Jus- tioe Barnard stated that as some relatives were inter- ested in the qnestion to be brought before the court, he ‘was not competent to sit in adjudication upon it, and Judge Miller was subsequentty called to take his place. Mr, Bonney stated that a number of persons bad on Sat- urday last: attended taxation of costs in the case, which had been fixed at $84,000, and that he had ap: peated from that taxation. He suggested that the ap- peal be argued first In reply Mr. O'Gorman sand that the taxation of costs had been vet down for Saturday morning, and that ail tho parties had appeared at that time, The proceediags wore tlen adjourned until two o'clock, when the parties not again appearing the clerk proceeded to tax the costs, ‘The only question was whether too much had been charged, and he would say that if the parties had appeared at the time to which they had adjourned they might have opposed the taxation, Any prolonged ad- journment of these proceedings wonid only tend to a continuance of the contest, which has already assumed the characteristics of a political war fare against this contemplated improvement, Every engine for the manufacture of public opinioa— from a leading article toa gutter suipo—tad been brought Into requisition on the subject. He appeared in behalf of the Mayor, Aldermen and Commonaity of the city of New York, which had resolved two vears ago that this project should be consummated, He wisley the tnatter under consideration in a le Ag soon as practicable, and the quest be argued at the eame tine; but he objected to any un- necessary delay, for the reason that he distrasted the ‘object of the motion. Judge Bonney refuted the charze or imputation of negligence, and stated that the clerk bed announced that he would render a decisioa time he had despatched a clerk. tho costs had been taxed at $84,000, and he (Mr. Bonney) appealed irom that taxation." He would now propose that the question of taxation be sent before a releree to exam: \d report upon it, Mr. O'Gorman objected, that rofercuces were a slow metiiod of disposing of business, and proposed that a confirmation of the taxation pro forma be taken from Special Term, and the whole question argued together, Tue points were then taken that the order atlirming the report could not be made unti: the costs were finally settled, as the costs, which amounted to $84,600 formed a considerable stem of the assessments; and that under section 470 of the Code, the Supreme’ Court could not hear the matter at General erm, but that i toust come up first before the Special Term as a non-enumeraied motion. The Court subsequently overruled both of these pointa, and the Counsel to the Corporation then moved that the report of the Commissioners of Estimate and Assessment in the matter of the extension of Church Street be confirmed. Mr. Bonney in opposing called attention to some of the singular features of the assessment, avd said that for the purpose of the extension of a street from Fulton street to Morris street, a distance of abou nineteen hun- dred feet, and having a width of about eighty feet, an assessment of bow J $5,000,000 Lad been imposed on a district embracing the lower portion of the city south of Fourteenth street, comprising twelve thousand persons ‘and seventeen thousand lote, He based his first objec- tion on the fact that the greater portion of the business of the commission had been transacted by but two mem- bers of the body, Messrs, Jobn Scout and George P. Arca- Jarius, with the concurrence or presence of the third member, Mr. Jobn B. liaskin. This be contended ren- dered the whole proceeding invalid undor the provision of the constitution which requires th: property fs appropriated for the public use it shall te assessed by ‘a jury or by three commissioners duly appointed. Mr, Bonney’s next objection was iu behaif of Mr. James Fellows, who is the owner of a house and lot on Cortiandt street and part of a lot in Dey street, which have been taken for this improvement, He then re+ marked: —The ae d on Cortlandt street is about twenty-five feet in width by one hundred and twenty- four feet in depth, and has erected thereon a substantial brick store, four stories in height in front and five stories in the rear, which bas leased for nearly $7,000 per an- num, pave about yg The whole of thie Property swept away in the proposed im) ment, and the Commissioners have assessed ite at $62,875, although it is confessedly evidently one of point of location in the city, T ere the affidavits of Mr. Thomas Garner, a builder of this city, who has bad thirty years’ experi- ence, and who testifies that the building on Cortlandt street is worth $40,000 at present prices, and cost $25,000 when it was crecied, at atime when labor and materials were cheap; the affidavit of Mr. Van Coit, broker, states that this lot, which is abor ual in valve % the iN erage of lots ph By ts cS 000. From this aoe, u Property is worth $90,000 to 000, and the Commissioner: wo take it py wy benefit ata fraction over 000, and it was for the Court to say whether the a be fair and reasonable or not. opposite the pre- mises stands owned by Messrs. a =. Fellows’ the front being of only about the Commie- ; pis ue t i = E t fi ¥ 5 ey i been assessed at to the corrected re- torn of the Cou porate ge ir, Bonvey next referred to the property om Floyd, whose interests he represented, and stated that ber building, adjoining that of Mr. Fel Street, and which was of the same class, was aiso in- cluded in the line of the proposed improvement, and the comfhissionerg have awarded her $61,000. In reply to a question by the Corporation Counsel, Judge Bonney stated that his client claimed the house and lot to be worth $90,000. Mr. O'Gorman then stated that it was assessed at $85,250. Another piece of Mrs. Floyd's property, which, however, was not so valuable, Mr, O'Gorman stated was valued at $11,648, remarking also that he wished to see if he could settle all his (Mr, Bonney’s) clients? objections. Ar, Bonney then stated that it was his good fortune to owna house in Fourteenth strect, and that he had found tbat he had been assessed in the sum of $78 for benefit, to which he objected and cor- tainly thought the benefit that would accrue to that property or its owner by the opening of Church Com situated as it was nearly two miles from the pro) improvement, was rather prospect He bad friends living on the other side of the street who were uot as- sessed in any sum whatever, The area of assessment extended for two miles, going to the river on each side ot the city as far north as Cana} street, and twelve thou- sand persons and seventeen thousand lots were assessed. Mr. Bonney the led to read a letter from the Comptroller which he stated would give the views of that oficial ou the subject, when Mr. O'Gorman objected to the reading of any documents from pubiic officials of the municipal government, as no person had any right to appear on behalf of the city authorities, or any ofhi- cial, unless he had taken the proper legal course, which reqnired such oflicial to ® declaration that the Corporation Connze! was otherwise engaged, or that the nee of the city required the employment of other counsel. After some little discussion on this point Mr, Bonney ciled the laws of 1862, which authorize the Comptroller to employ counsel in certain cases relating to the open- ing or alteration of streets, aud proceeded to read the letter from Mr, Sepnotl 7, Which was to the effect that it appears tolim that the inlerests of the city required thas the proposed improvements should not be cousum- mated, and asking Mr. Bonney, on behalf of the Mavor, Aldermen and Commonaity, to oppose the motion, Mr. Bonney then proceeded to read alist of asseasments in the city, which were as follows:—Washington Market, $90,000; Fulton Market, $50,000; City Hall Park, $140, 000; Centre Market, $12.000; Jefferson Market, $10,004, Washington square, $100,000, and Jackson square $160,000, besides numerous smaller parcels of public property, which were assessed {nm smaller amounts. The property designated a; Jackson square, counsel remark- ed, was situated on Greenwich avenue, betweon Twelfth and Thirteenth streets, and Was avery smail parccl of land, and he believed the figures given were a clerical error, as it could not possibly be assessed in so large a sum, Presuming it therefore to be an error, the total assessment on the c:ty property was $427,000, and if the assessment on Jackson square was o rrect it amounted to $587,000. He, thereiore, in pursuance of the request from the Compiroiler, objected, on behaif of the Mayor, Aldermen and Commonalty, to the confirma- tion of the report of the Commissioners. A majority in amount of persons who were asseased for the contem- plated improvement had not presented any objection, Dut those who had objected represented assessments amounting to $1,230,961. ‘This amount was represented by the objections of 12,000 persons who had been as- sessed. Mr, Anderson then rose and stated that in addition to the persons who had been represented by Judge Bonney, he proposed to refer thedJourt to several other objections on beialf of other property holders. He objected on behalf of the heirs of Valentine Mott and the estate of Richard R. Morris, on the ground that no snificiont notice has been given thom that their property has beon assessed. The only notice given of the area of assess- ment was this, and he would call the attention of the Court to it, although it might be technical, the notice is that the limits embraced by the ass~ssment are as {oliows:—All those tots, pieces and parcels of land situaied in the said city, situated, bounded aud con- tained as tollows:—On the west by the easterly side of West street, fromthe Batiery to Canal street; the easterly side of Hudson street, from Canal to Fourteenth street, &c., and he asked tue Court to observe that tne only lots described in that notice are the tots fronting upon West street, on Fourteenth street, and such other Streets as are mentioned, There is Mothing in that notice that appzises a resident of Park place or Washing- ton square that his property is assessed. Mr. Anderson then stated that ho relied upon the other points taken by Judge Bonney, the inain ground of which was that the assessment and report was not made by the three commissioners as requ red by law. The report was signed by but two of them, In order to render a report vilid, when signed only by two, three of the commis- sioners must meet, investigate and conler. ‘That refers to both assessments and awards, and it is shown con- clusively 1m this case by the aliidavit of Mr. Huskin that such a course bas not been followed, Mr. Anderson cited several autnorities in support of this pomt, and then proceeded to say that be objected further that the assessment made and submitted in the report was er- roneous. For the extension of Chureb street betow Ful- yon to Morns str-et property owned in Lafayette square by Mr. Astor bad been assevsed, althougu it was far remote from the vicinity of the projected opening, How also Eighth avenue and West street could be benolited by the opening of Church streei it would be difficult to define, and to maintain it would be to maintain an absurdity; or to Say that public parks can be benetited, when they are the pr_perty of the city and are not trans- ferable, is equally absurd. Mr. Anderson then enumerated the following items as forming part of the bill of costs, which include the commissioners’ fees at $4 per sitting, amounting to about $1,000 each; charge for drafting the report, $14,000; ‘charzes of several thousands of dotlars for counsel feck; charge of $7,000 and upwards for copy of he report, and a similar charge for an additional copy. waking with other sams a grand total of $48,000. Mr. Bonney then stated that he was in error with regard to the assessment of Jackson square, and had been misied owiag to the position of the entry in the book. It was the Battery that was assessed in the sum of $160,000. Counsel then rose and stated that he appeared on bebak of United States District Attorney Courtne: interpose objections on the part of the United Si goverument, who, he said, were leesecs of the promises Nos. 20, 22, 24 and 26 Trmity piace. He Would object, tirst on the groupd that no damage or estimation of apy kind had been awarded to the geaeral government; secondly, that the damages accruing to the United States from such opesing of Church street would amount to $240,000; thirdiy, that the action of the commissioners was illegal, unconsiitu- tional and void, for the feason that property of the United states cannot be taken for any municipal purpose whatever without’ the consent of the federal govern- ment. dir, Porter said he objected on behalf of the Now Jer- sey Central Railroad Company, who were awarded $200 damages. The affidavits of Mr. Mellick and tho presi- dent of ‘be corporation snowed that the company bad jensed the premises No. 103 Liberty street from May, 1866, to May, 1869, at an annual rental of $3,300. By the extension the building would be entirely destroyed, and the company had expended $6,000 in improvements on the premises, The president and directors had ap- before the commissioners aud given proof that they had mado this expenditure, but no notice or atien- tion had been given to it by the commissioners, ‘Alarge number of gentiemen, appearing as counsel for other parties interested, made objections, relying mainly upon the grounds taken vy previous counsel. Among them was aa objection op the part of the pro- prietors of the premises Nos. 37 Broadway and 81 Greenwich street, Woo are assessed for venetit $6,400 on each piece of property. Those buildings are cone nected ai the rear by an ifon bridge, and havea larve area of open ground between the buildings, all of which wil be taken up by the extensfon; but the Commission- ers Lave assessod them for benefit, The Phenix Bank, in Wall street, bas also been assessed $178 for benefit and object. Judges Bonney and Hilton and H. HB. Anderson then submitted the objections of their clients, which were eontained in three large bound vorumes, besides a num- ber in joose manuscrig?; cu: the other counsel, In ae sition, also submitted toeir papers, when tbe fut bearng was adjourned until Frday next, when the Counsel for the ‘ orporation will reply. Important Opinion Regurding the Duties of Hell Gate and River Pilots. The People ve. Hewy Sperry.—The following opinion has just been rendered by the Sapreme Court of Queens county in this case, and is of importance to pilots gen- erally :— By the Cour!—Grunert, J.—The defendant was con- vieted In the Court of Sessions of Queens county of a misdemeanor in towing @ vessel in violation of section 3 of chapter 115 of the tawe of 1865, This statute pro- vides that “if any person other than a branch Heil Gate Pilot shall pilot or tow for any person any vessel of any description, or board such vessel for that purpose (excepting a minor class), &c.. &c., without the aid of a branch Hell Gate pilot on board, he shail be deemed guilty of a misdemeanor,”” tees certificate of Sr ieee Gans onsen hem wi proved on the trial a Dont, ¢ is i = 92 i, i Z i i FH i 4 3 fr af Fe i f fl i EEYY p z ; ght FE ue hl ih ment, there were laws in force, in the dillerent ing on the sea, for the regulation of pilots and pilotage, And at its first session in 1789, Congress passed an act adopting the existing regulations and such as might be provided by subsequent ‘of the States.” This case involved the validity of an act of the State of Cal: fornia which made it a misdemeanor for apy person not ‘having a license from the Board of Pilot Commissioners, created by the act, to pilot any vessel in or out of the port ‘the way (called the Heads) which leads to and ym the ocean. It was contended in the argument that the act of August 30 1952, was in conflict with the provisions of this State act. The Court, in deciding this point, referred to and commented upon the legistation of ress from the act of 1789 to the act of 1862 melusive, and say :—~We do not perceive in its provisions any intention to supersede the State leg- islation recognized by the act of 1789, or any inconsis- tency with the port regulations established by the act of Calitornia of 1861." The provisions of the act of June 8, 1864, and July 13, 1366, are merely supplementary to the act of ‘August 30, 1802, Neither of them purport to establish regulations for port pilotage any more than similar provisions in the act of August 30, 1852, They are, therefore, within the rule es- tablished by the case of -Jolifle, supra, In the face of this decision it hardly be expected of us that we should hold that the State authorities are violating the constitution of the United States hy sracelsing powers expressty conferred upon them by the statute in ques- tion, and which bave been go distinctly accorded to the State by the supreme federal tribunal. It is also con- tended that the enrolment and coasting license of the C, Vanderbilt protected the defendant, Our opinion is that sech protection does not extend beyond the vessel licensed, and does not authorize the towing of other ves- sels. The charge to the jury appears to be correct. The having been employed by another to commit a misde- meanor is no excuse, Ti recttons to proceed and render judgment. COURT OF GENFRAI Before Recorder Hackett. , An additional panel of petty jurors was summoned to Serve in this court yestorday moraing, the most of whom, as usual, being desirous of sbirkiag the performance of Jury duty by interposing various excuses. GRAND LARCENIES. Edward James was jointly indicted with John Riley (convicted and sent to the State Prison on the 3d inst.), charged with stealing from Wardell Wooley, who resides at No. 276 West Eighteenth street, on the 24th of May, a valee from,the steamer Thomas P, Way. He pleaded gully to an attempt at grand larceny, and was sent to the =tate Prison for one year. Joseph Riley, who was indicted charged with stealing a piece of silk valued at $45, on the 29th of May, the property of Haggerty, Smith & Co., pleaded guilty to an attempt at grand larceny. ASSAULT AND BATTERY, Charles Neuratt, who was indicted on acharge of com- inittie a felonious assault and battery upon Herman Sephers on the 234 of March, by stabbing him in the face avd head with a knife, in Sixth street, pleaded guilty lo assault and batters prisoners were remanded for sentence. ALLEGED FORGERY, Josep. Dreislinger was tried and convicted of forzery in the third degree, having on the 20th of May presented an order for three pieces of mustin at the establishment of i. B, Claflin & Co,, purporting to have been drawn by Maurice Rosendorf, which the latter propounced a forgery. The goods were procured and carried away, and the prisoner was arrested on the following evening. ‘Tne detonce attempted to prove an alibi, which the jury did not deem satisfactorily proved.’ Two witnesses proved his previous good character, and on motion of his counsel sentence was postponed to aiford bim an op- portunity to show that he bad been an officer in the army. A PRISONER CRARGED WITH BREAKING JAIL. George Ryder, alias Gordon, who was indicted for “breaking jail” (thas is, for escaping from the Peniten- tiary, to which place he had been sentenced for two years and six months on a charge of burglary), pleaded guilty to the indictment, He was sent to the Peniten- tiary for sjxty days, the sentence to take effect at the expirauion of the previous term of imprisonment im- posed by the Court. ALLEGED BURGLARY, William Griffin, aitas Stockton, who was indicted charged with ourgiariousiy entering the house of Lewis Surreme Court — GENERAL changed, Lowenstein, No. 491 Broome street, on the night of the 23d of May, pleaded guilty to an attempt at burglary in ant it appeared that the accused and another man broke into bis hous’, and that, on bearing the noise, he pro- away, but ho had ‘a violent struggle with the prisoner, who also escaped at that time, although he was subse- tence was postponed uli Friday. COURT CALENDAR—THIS DAY. ncurT—Part 1.—Nos, 1383, 641, 723, 247, 1081, 851, 85, 885, 115%, 1518, 1821, 801, ioe%,'865,' 8105,’ 1008, 668, tae ne ee 1454, to, oa! 130, 1668, 618, 224,’ 1600, 884, 1648, Issues of Jaw and iact—Nos, 128, 189, 203, 268, 165, 166, 133, 134, 154, 164, 168, 169, 170, 271, 173, 17%, iol. Ciamnens—Nos.'97, 98, 190, 132, 151, 154, 157, 164, 70, 174, 196, 200, Fn tok on Pats ae 220, 226, Superior Court not yet posted. Common Pixas—TRIAL Term—Part 1.—Adjourned with- 145, 703, 104, 421, 550, 711, 724, 725, Surreme Court. Kixos Couyty, Cimcurt,—Nos. 21, 42, 44, 48, 47, 48. Ciry Covur.’ BRooxiys.—Nos 67, 69, 75, 23, 58, 27, BROOKLYN COURTS. Are a Stevedore’s Services of a Maratime Character? Jam Adams vs. The Steamship Circassian.—The tibel in this case is filed to recover for stevedore services per- Janding cargo. Exceptions are flied to it on the ground that the eervices are not of a maritime character and not Bexepict, J.—! confess that | have never been able to see any sound distinction between the nature of the cargo of a ship and the services performed in its trans- portation. The storage and the landing of the cargo form out the periormance of iLis duty no freight can bo earned. The safety of the ship and of the cargo de tue third degree. From the statement of the complain- ceeded down stairs, and saw two men, one of whom ran queatly arrested. At the request of counsel the sen- Tenm--Calendar 1167, 1339, 1: Part 2.—Nosa, 740, 804, 1320, Sreaau term—Demurrers.—Nos. 9, 10, 19, 178, 180, 181, 182, 183, 184, 185, 186, 189, 190, 1 227, 230, 273, 277, 291, 293, 298, 309, out day. Part 2.—Nos, 696, 186, 663, 205, 702, 664, 386, Se oh Se 81, 82, 34, 35, 36, 38, 39, 40, 41, 36, S4, 51, 68, 72. UIUTED STATES DISTRICT COURT—EASTERN DISTRICT. Before Judge Benedict, formed in taking in and storing and in breaking out and within the jurisdiction of the court. services performed in stowing and breaking out the @ necessary part of the contract of affreightment. With- pends im a great measure upon the care and skill dis- played in its performance, and for non-perform- ance of this duty in a proper manner the ship we liable in ndaniralty. It is @ service which, when performed by a crew, as is frequently the case, is considered a marityme sorvice and compenseated in the adiniraity uuder the name ot wages; and when not performed by the crew it devolves upon a classas clearly identified with maritime affairs ag are the mariners, and fitted for the daty by a special and peculiar experience. These considerations seem to me suilicient to establish the maritime character of the services and to bi it within tho admiralty and miritime jurisdiction of the Courts, and were the question a new one I should #0 bold. But Ido not feel at lMberty to follow indi- vidual opinion ; for although the question is now the first time presented in this district, it has been re- Peatedly decided oy Judge Betts adversely to the juris- diction, and when a question, frequently arising in this Part, has been thus acttied, so far as the District Court is concerved, by decisions in the Southern district, I consider it to be my duty to declare the same law hero until the raie shall be modified bygconcurrent action on the part of the two District Courts or by the Circuit Court upon appeal, ‘The exception is therefore allowed, but without costa, and leave given the libellant to fle au amended libel within ten days. UNITED STATES COMMISSIONER'S OFFICE. Another Alleged Forgery of n Revenue Bo! Before Commissioner Jones. A tobacconist named Joseph Zellenke, doing business m North Fourth street, near Fourth, Eastern District, ‘was arrested yesterday afternoon by Deputy Collector Tobey, on a warrant issued by Commissioner Jones. The following affidavit, made by Deputy Collector Tobey, will explain the cause of Zeile1 arrest and the charge against him :— os Ci of eo York, Charles B. Tobey, being sworn, e 18 ty collector of internal revonue in aad for the Second district of New pO RT ty aa cs Gy Wa, es! BLA me informed and execute auld sign a. false and fraudulent bond, known as a tobacconist’s bond, and filed in the office of the collector of the Second district of New York, and did ure same to be executed, = and connive at the execution Zeiten! ror said bond being that the ike would comply with all the requirements of to th jure of id i SP wastee as until Saturday aext, at ten A. Gry count. A in a newspaper establishment in New York. + that at about nine o'clock on the night of of March last he was walking along Bedford avenne, @ D., when he encountered «pila of dirt on tho sriom : front of the buildings then in course of erection by the defe who are contractors, In ot dirt'be u in towards the fell into an excavation, fing for a feet from the sidewalk, was no the buildings. Ptaintiff claimed that guards about the hole, and that there was the street, and but very little from tl night was a gloomy one. Vale, alleged, was rendered senseless by consequence of his injuries has since work at his trade. He is about fifty a wife and several children, and for these injuries, which were the alleged negiigence of the def called to the stand and testified On his cross. stared that he had not been at been to a picture gal with a friend, 3 of the time, and ir drink! four ad returned to the Eastern District about ‘M. Hecould not swear that he did mot att reaching this side of tbe river. The pbysician attended Vale teatified that the latter was confined to his bed a few days only, Plaintif, however, uently_ visited witness at his office, There was some lerness about the spine, but witness thought that he would ulti- mately recover. At first he Leona that bis liver and. chest had been affected by the fal On the part of the defence it was shown that a board had been placed from a tree near the gutter across to the ile of dirt, Patrick Keenan. who had charge of the- uildings, testified to this fact, ani added that he found the board there on the following sorting, Beas Scholes testitied that there was a gas lamp lig! about fifty feet distant and that the light shone over the of dirt and the excavation, Another party ¢ the buildings testifled to having pl the board as above stated, The defence, therefore, disclaimed any neghgence in the matter, but on the other hand é that the negligence was on the part of the complainant, The + aa returned a verdict of $550 damages for the plainti “ CITY INTELLIGENCE. Crorox Aqvevuct Derartuent.—Yesterday the Cro- ton Aqueduct Board opened proposals for supplying the department{with the following :—50 1-inch brass cocks, at $2 25 each; 50 %-Inch do, $1 25 each; 2,000 44-inch do., 83 cents each; 500 3z-inch do., 70 centseach, Six bids in all were received, and the contract was awarded to William Johnson. ‘Tera Trre or A YAcHT.—The new yacht Sappho, built and owned by Messrs. Poillon, of Brooklyn—a full de- scription of which bas been published in the HemaLD— went down the bay ona short trial trip yesterday im harge of Captain Richard Brown, There was a first clase breeze ra the vessel gave abundant evidence of possessing superior sailing qualities, New Mau ARRANGEMENTS New Haven RamRoaD.—~ Hereafter an express mail bag will be placed at the New York and New Haven Railroad depot for the reception: of letters for Boston and beyond from half-past two to three P, M. and from half-past sevon to eight P.M. Ar~ rangements have been made to have the hung up in a convenient place for half an hour before the start ing of the three and eight o’clock trains, On Sunday there will be a mail from New Haven depot at five o'clock, the only way to get letters to Boston Sunday night, except by placing.them in the Nassau street Post Office before half-past one P. M, E this por” li 8 Eg eis z z i i : i oH iu Z f tf z fs biiee Hue : Foreren Iocration.—The immigration to continues to be large, with a prospect of still larger ac- cessions during the summer. Many of these immigrants come over in groups and families with a view of going to the West to engage in agricultural pursuits. Many havo been sent for by their friends and relatives who have preceded them, and who have discovered their new country, if not’ one overflowing with milk and honey, yet one which by reasonable industry and honest toil gives a good reward to the laborer, The following aro the arrivals within a few days: 960; steamship Bree . mannia, Hamburg, p Victory, ‘Liverpool, 200; ship John, Bright, Liver 1, 886; ship Jacob A. Stamler, wre, 220; shi ‘Wm. Frothingham, Havre, 159; ship Cornelius Grii London, 169; bark Jupiter, Bremen, 365; bark Victoria, Havre, 309. Total, Hamburg, 228; bark Columbia, 4,426, ‘Tar New York anv Lone Istaxp Brings Courany.—A meeting of the corporators of this company was held yesterday afternoon at No, 14 Park place. Mr. John ly Brown was elected President and Isaac D. Colman Scere- tary of the temporary organization. On motion, the chairmaa appointed A. D. Silliman, G. L, Knapp, 4. M, Bliss, J. D, Colman and H. T. pen wed & Committee on Organization. Messrs. G, 8. Dwight, Charles Godard, A. W. Lockwood, L, D. Pattee and Philo 8, Ely were ap- pointed a Committee on By-laws. The meeting then adjourned ¢ to Teaworable on Monday, the 17th fst 10 whic! com, noon. ge te iste or rated an act passed on es to build will be according tan one abutment resting on bruary, propose to the terms of the law, spot between Fifti other on Blackwell’: feet in elevation above high water at the stream, and will not obstract any road. It is to well lighted throughout all hours of the A enter tal stock of the corporation will be $2,000,000, di into shares of $100 each. The corporation have power to purchase real estate for the site of the bridge or for ave- nues leading to the structure. The present corporation constitutes the first board of directors, who are to hold’ office until the first Monday of June, 1868, when othors shall thoreafter be annually elected to fill their places, They are to nomber not than thirteen nor more than twerity-one, PARADE oF THE PoLice.—The second battalion of the Metropolitan police force under the command of Captain Copei ‘were yesterday reviewed in Mulberry io roms the Central office, by Inspector Bila. The battalion presented a very fine appearance, and the manner in which it went through the drill certainly ree flects great credit on Captain Copeland, NaTioxaL Assocration OF WOOLLEN MANUFACTURERS.— Atarecent meeting of this body it was resolved that the gratitude of the woollen manufacturers of the United States is due to Congress for the recent tariff legislation which bas esiablished such just and wise regulations be- tween the domestic growers and manufacturers of wool, and for the rolief afforded by the reduction of the rev- enue tax on the manufactures of wool, Strixe or tux Hovst Paisters.—The house painters of this city struck yesterday for the eight hour system, They are receiving now $5 per day for ten hours’ work, but they are not very busy. They take the present time 98 an auspicious one, and demand that eight hours shall constitute a day’s work, but are willing to take $49 day for their Inbor. This is @ corresponding reduction, and doubtless will be conceded by the bosses. In the fall, when work will be more brisk than now, it is their intention to strike for $6 por day and the eight hours, ARREST OF ALLEGED PickrockeTs.—James Glynn and and William Jones, alias Goflins, were arrested yesterday morning by officer Thompson, of the Twenty-seventh precinct, on a charge of attempting to pick the pockets of passengers on the Staten Isiand ferryboate. They were taken before Inspector Dilks, who ordered their photographs to be taken as an additional collection to the Rogue’s Gallery. Stappinc Arrnay ON Surrzoarp.—About nine o'clock yesterday morning Captain Hartt, Sergeant Fitzgerald and roundsman Thompson, of the Harbor Police boat, boarded the Envlish ship Minnehaha, Captain McGrath lying off Robbin’s Reef, and arrested George Red- mond, a sailor, charged with stabbing John Mount, another of the crew, admit- ted having committed the offence, aad informed Captain Hartt that he bad done it im self defence. Both parties were brought ashore and Coroner Wildey notified. the ante mortem examination Mount said he thought he should survive the result of his injuries, and added that he did not wish to prefer any charge against his aseailant, All the parties were then sent before Justice Dowling, who decided to hold Redmond to await the re- suit of Mount’s injuries, Rox Over Acapert.—Last evening between five and six o’clock as Margaret O’Brien was attempting to cross: Broadway, near Duane street, she was struck by one of the Fourth avenue line of stages (No. 114) and had one of her legs severely bruised, 10 Wi mediately con- veyed by one of the Third inct police to the New York Hospital. Fre im East Nineremnrn Street.—Between seven and eight o'clock yesterday morning a fire broke out the two story frame dwelling house No, 213 East Nine- teenth occut R. Caso and owned by James Kemp. “Denage the feraare. about $400; no in- surance. Damage to the building, about $500. LOSSES BY FIRE IK MAY, 1867 Tho following isa list of fires in the United States: during the month of May, 1867, $20,000 and upwards: — F «|Blour milis “[Baitdings .)Furaliure stores, |seboaetas loss $2,120,000 Hy iad 8/000, in February 2 4405.08 Jos in January 043,008 | Tota} lous since January 1, 1867....