The New York Herald Newspaper, June 22, 1867, Page 6

+ foundation -for is motion why the ne LM, OP i. SURRAT, Judge Fisher Refases to Recall Witnesses, Corr borative Evidence of Sarratt’s Presence in Washington. Wasmx@ron, Jui 21, 1667. ad pany et the Lincotn Hospital; betwe a twelve and one o'clock that nighs one of the goa ais of my company captored # bor2e, saddie aud brid! 4; the norse was aweat- ing very much; | bad beard of jhe assassination, and took the borse to General Sa@gur's headquarters aud 8 im up; tho horse was @ark bay aud was blind in one eyo, I identified the hegge alterwarde at the stables up Nineteenth sireot; tl was much exeited, and? aban aiteoks io hin; seacotn eoene ip about three-quarters east of the Capit No crozs-exaraina'sop, ‘The Court here tank # recess for half an hour. Upon reasser Miss Honora Fitzpatrick was sworn and ex: Mr. ton: ~~ 1 knew Joba W, Booth; don’t know how long] knew him; Limet him wt Mrs, Surratt’s; Mrz, Surrait lived on B street, bovween sixth and Seventn, No. 541; first saw Darratt in 1865; met him there soveral times; 1 was ny @ Mrs. ‘Surrati’s; boarded there from 4 ¥ nad tne time | was arrostid; T was arrested on the Monday following the aszasination; I knew a man by nagao of Port Tobacco, who was sad to be George Alzwout; met Bim at Mra Surrat’s; mot bim in less than a your before the assassination; cau’t remember how efton 1 me: Atzorodt there; aw him there moro Wan once , 1 remember he stayed there one eRe 7 Yemember what night it was or how tong the assassination; saw Lewis Payne at Mra, Surratt’s, but ‘The Yrial of Joha H. Serratt was resumed Wis morning | did not-know hum by tbat name; bo was known os Mr, tm the <yiminal Court, dadge Fisner preswiog. The in- terest in she caso ‘continues undmmgéhed, and the mitendanco on thé part of ladies 18 Meroasing daily, Bome of them meroby gratify their curiosiiy by « look at ‘the prisoner and thon dopart, while others remain Featedt lhroughout'thie day’s proosedings. Surratt was broaht into court about ten o'clock, end the business of “the day was commenced s few minutes thereafter. Mr. Herrickomebmitted the affidawks of the prisoner at wiiness’s Bitaa, Hobart and Dye shoatd be resatied Tor eross-oxamination. ‘Tho affidavileset forth the facts as ntated im Mr. Merrick’s remarks yemterday, thal hey-emyectod to prove that the ‘two first nomned wlinesees were miriaken as lo Cre Cine of tho arrival of the Lwo men texiitied by them 4 having arrived at Burlington avd got upow the unin at Desex Jvnction. The attorneys fer the defenes also filed aa “aiidavittn eupport of theirootion. ‘The affidavits were ead ip ‘the hearing of the jury, but were passed from counsel tirectiy to thy Court, Atterexamining the allidaviis, Judgo Fisher said be had carefilly noted ther ceotenia aod bad aiso con- sidered (he arguments subimitied by counsel yesterday. Hin views were that the oastom that had always pre- vailed was correct; th d consider him. eeif discharg d after excimination u told to remain, Aw to Lhe claim that Sergeaul Dye wae ander bonds for passing counterfeit monoy, if it was necessary to prove idonea, He ‘hat fact the best evidence would be roserd and he did not think Dye’s presence war neerssary, thought it best to pnrstie che On practivs. Mr. Merrick Wanted lo know if the w nod it bro! it hare by the ber said bo id be examined as the witness for tho deience. Mr. Merrick said he understood counsel on the other Kido to actue that if he Withosies were hore they contd Be examines, Judgo Feber said that was asabject for agreement Between counsel, Mir, Merci k asked if Le undersiood the Conrt aright that the bail bond of Sergeant Dye conid be offered in evidences, Judge Fisher said that was asnnjet for furnre con- aiderativn, He only suid that was Ue way to prove the fact. Mr. Carrington said be desired to recali Binoot, & withers examined yesterday, wh make a vorrecton of @ migstatemenk Mr. Smoot was reealied and said when he testified yesterday he said hedid not kvow the name wan who examined him belere coming into cy he bad gince understood that it.was Judge Holl. witnessos who weut to J who it was, My. Merrick was proceoding to ask certain questions ef sho witness as to who had examined bim, when Wr. Pierrepont objected. Jodge Fisher said he had eupposed there would be an ‘end Of asking witnesses questions as to who examined them. Im his opinion if a government officer, prove- important case, did not examine bis witnoase: gud ascertam what they kuew, such officer would be derelict of auty. Br. Merrick eonenrred in the view that it waa the duty the prosecution Lo examine witnesses, but he insisted if Judge Holt or any officer m (he burean of mili. tary jostice had exainued witnesses it was a fact tbat the jury should know. Al some further discussion between Mr. Bradley apd Mr. Pierrepont and others, witness described the wan who examined bim as an elderly man. The oxam- fuation took place tm the Judge Advocate General’s Mr. Carrington raid be feit it due to Judge Holt to say ‘That the Judge Advocate General was not engaged 1m the Provecution of the case, Brook stabler recalled and examined by Mr. Pierre- peni—Burratt sept back to the stable a team ot horses ‘which he had hired; do pot recotlect that it was a pair of horses Surratt had; have seen Booth, Atzerodt and Harold conversing with Sorratt at my mable; | had» @enversation with Atzorodt avout a inp of t's, ho showed me the conciusion of a letier from Surratt, and Alwerod: said he had a letter from Surratt, but that he would not jet me see tall; | read the concluding para- graph; Atzerodt said the leer was daied in Richmond, And Surratt understood the detectives were alter tim, and be was making bis way North as fast a: he could; that was in the early part of Apri o; the conversation between us commensed Atserout calling me Out op the pavement and telling me about the letter; | asked Atverodt to lot me see the letter; J understood that Surratt was smaking bis way north from Richmond: the only diff. euity Atzerodt said Surratt was in was tbat the detectives ‘Were aller him, 1 andersiond Atverodt to ineuu govern. meat detectives; Surrati and I had frequent conversa- 1% of money; I remember when Sur- nd horse, but I canvot remember ibe ree Was a fine racking horse, at the bay hotse Wastaken away; they ware su rais's horses, but Booth paid for their keeping; the borges were brought back afterwards by Atverodt io be wold; they were not sold, and I saw ihe blind horse -agaib ab the government stavies on Ninewenth street ; that was during the progress of the conspiracy trial; I ‘was sent there by the Judge Advocate to see ine horse, ‘A paper was exbidited to the witness. Witness exa $ned it and resuincd—Vhis Is the written order 1 have Feferred 40; it is Surrate’s handwriting (the paper wi read to the jury, and is dated February 22, 1825, and en order from Surratt to J. ©. Howard, auivonzing Atze- Fodt to ure his (Surratt’s) Doree, gloves and leggings; these things were kept at Mr, Howard's stabies, tward L, jesired to Ir Owwer qdge Holt's office told witness Would go to tbe back and engage ia conversation to- gether in a low tone; at least [coal mot bear what was , for Whey were ‘ai least oue hundred and twenty from me. Cross-examined by Mr. Bradiey—Booth took the horses away after! bad been iaformed by Surract that Bwoth would take them away and pay for them, at the converraion referred (0 it was sisted that Surratt was tp Richmond, and that the det re after him ; does noi recollect what time in April the conversation @ccarre”d: By Mr. Alexan thar genticoy to the rear end of James W. Pumphrey sworn and examined by Mr, Carnogion—i keep a livery stable at No. Mbrixth street, between Four anda haif and Sixth strecis: | knew ‘Wilkes Booth ; be came (@ my stable and asked for t proprietor, { stepped np, avd Le wanted & aaidie horse jer, a Juror—It is @ frequent occurrence Kcep horses ab wy stale waik to to ride to the country; I told him | eouid eccommodate him with A gdod saddle horse; 1 told Booth, as he was a siranger, he would have to } security of give city reference; Serratt came up and saa he knew Mr. Booth and that dhe would take food care of the horse; Surract also said he Would see the horse pant for; save known Surrats number of years; I thev ordered the horse saddled, and when the boy brought Lim ont Bootn had gone goross the sireet to ihe leavsyivauia House and mounted the horse aud rove 3 L never saw Mr. Borratt after that une to the stabi horae; this w: fore the asssesination; on tuv 14th of April, at twelve o'clock, Booth eame and engazod Bore and said be wanted the borve he had been io the habit of riding; I told him J could not give tim that Borse, but would give bigs # very good abay mare aud bnglieh saddle and rode away; [ tare not see eth Bridle or Hooth sinve. Crose-examined by Mr, Bradioy—In 1858 kepta siavie al (be corner of Sixth and © s\reete, saw Jouwu Surraun there; he wasasmali boy, and came with his fath wever saw David Reod at my stabies baif a dozen umes in my hfe. John Fletcher sworn aud examined by Mr. Pierre- pout—I reside at Nalior's livery subie, near Thirteenta street; on April 14, 1865, | saw Aiserodt and Harold at Nailor ¢ stabie, but ciey were not together; | saw At- xerods first, and au hour « torwards saw Harold; Haroid aged a horse from me and asked me to keep (he horse filften migutes past four o'clock; be came at (has thie for the horse and said He was going to Jady ; he asked (or # partic ‘was very particular about U would lake Bits to it; Would stay, but be said be did oot ki BOt to keep the horse out longer thi mine o'clock if pot come back at (hat when itcame to v'elock 1 bad suspicious Harold's coming | ten o'clock; while the boy Was geiting the horse Al« aud I went out and took a horse, saddle, that he wi two: ‘ben he mounted | seked Rim b ue and | ‘old Oim Present; A’ je ‘the horse being good on a retreat, and [ suspec for some reason and (ollowed House, where be d smounted aod weat in; Atzerodt ibea i moved slong D street, and tarned up i thea low aight of Atzerodt, and @ minutes aflerwards saw Harold at Fourteenth sreet and Pennsylvania avenue; | accosted Harold and de manded the horss, but Harold retused to give him up to bis horse and went up Fourteontn street OF; 1 then went to the stavie aud saddled a horse; 1 Knew that Atzorodt had to cross the Navy Yard and followed bim down in that di- nted from crossing by the guard, returned (o tue stevie; mover saw th since, Herold rode Dorses there; the other man way eight inches in height; bad black and « heavy i mumache; he was thin and about a wedium eight crose.examination. Jobo F. foley sworn and examined by Mr. Will J reside im Hadson elty, N. Y. pril 14. 4b ibe Veteran Kescrve corps, aud commanded & co ay Ly \ "4 | and Surratt had their nats off; don’t think Sarrats then ess rosutned— When thore mien came to the stable | | brother o1 | that | him to the hirkwood | Wood; hic called there alone one evening in March; that ‘was the first time | saw him; I met him im the parlor; Mr. hau, herdaggiter and Mr Weichman ever saw Payae there afterwards; AT recognised bit at the oifice where when ! was arresi 1 was tacea; | know Jobo H. Suarratt; the last time f saw Mr. Surratt was two weeks beforo the assassinavion have seon Jotin Sarath at the house duriuy tho visite of i others, bat I never heard thew converse to- had beep to Ford’s theaire with John Surratt, Mr, Weed and Miss Dean before th? assassination; we occupied a pricsie box, aud Booth came there and spake to Sin, Jokm Surratt, and toey both stepped out of tho box and stoot at the door; Wood or Payne afterwards jowed them, bat U conid net hear their convoreavon ; this oas during the play; we went home, and Wood went ww Mrs. Surtalt’s with us in toe carriage, bat Ido hot know whother he remained there or vot; the day ailer being at tne theatre J went to Batumore and re inuined thera a week; } do not know where Wood hved ashinyion; 1 know whore toe Herndon House ts, there with Mrs, Surratt prior to pk ns aad Mr, Wo an Were 5 ‘iwent 'n the Herndon Houre and wo walked up the sirest and sated for her; Mrs. Surratt never eaid what she went in the Horudon toure for; she reuaii there a fow minaves: Mrs. Surrait rejoined as, and we went to Mr. Surratt's howe ; do not know where Joon Surratt wasnt repont—Do nob remembor anything about 5 «o New York in 1859 bavion, in was eworp, and examiued by Mr. ein clockbridge, Vermont, aud am a © lived there sinvo Fubruary, 1865; in April, most of the time; 1 left Baring ton on Friday eve tny way to Now Haven, Cono, ; it was previons to the a nation; Theard of the ax- saws: way to New tlaven; 1 came back to Bawington on & in that left Now Haven at 3:16; this was Monday after the as: jon; ater my re. taro from New on T caw Mi “es Biino at the de- pot in Buriingion on Wednosday evening; he fad an ar. ticie that I wanted mith to get, Question—What was the article ? Witness—A handkerchief, Witness examined a pack- k ont a daudkercoief marked John H Sur- wild Bot recognize it as tho same hupu- kerchief, beeanse at that time it was very dirty, Cross-exainined by Mr, Bradley—I gavo tho handker- chicf w Mir. Goorzo Grinnet, who was represented #3 one oy Baker's deiectives; I was ad vective at that time, but novone of Baker’: 1 rac ed the handkerchief oo Tuesday, the 25h; got itirew Mr. Hiiua that day; bad even the handkercdiet tor the first time the Wednesday previous; | dor think it way on Saturday 0 first saw time hy the handkerchief; witness id fix the Mr. Bting said ho wouid take it to his nv had gone for the handkers 30 for hot having it by sayii died and his mother was attondmg ection of telling Mr, Grinuet that | saw the handkerchief first on a Saturday; do now Focoll ct telling any one of the elreamstance until tast Satarday; | might possibly have reported tne fact to Captain Gleason, Prov Marshal at Burlivgton, but do not recoilect Uie fact; the deiuctive came to tne office and asked for me, nnd we wont together to Winooski is in search of Charles Plian; do not recoHect that detective took notes of whay Blinn teld him; T keps ary of my Own movenmente, (Wiiness roferred to is own diary.) Under bead of April 251 Gad that 4 was with Grinnot, and that I went to Piausburg m the ateainer Canada, and returnod on the steamer Uuited Staion, By Mr. Merrick—} heard that Surratt was saspected of comphcity in the assassination before i knew that Blia bad tue bandkerckicf; I can’t fix tne time whon Biinn’s brother died, but st was aiter be had first sbowed me the hhandk and before it was iy dotiverod, Ry br. Piorrepont—The W: I first saw the handkerchiel was Apri 19. By Mr. Merrick—I did no more with the handkerchief than to doiiver it to Grinnet, Benj. W. Vanderpool sworn and examined by Mr, Pierrepont—I live in New York city, and bave lived there ali my lifo; at the commencement of tne war I was in New York, an atvorney in tho office of Brown, Hall & Van- derpoo!; ‘I am now vith Coauncey Shaffer, No. 243 Broadway; was a first Houtenant in the Fifty-uinth New York Volunteers, Company G; was capured at Reans’ ation, Va., Angast 24, 1864,: [ was taken first to Richmond, then to Danville, aud from Dauvilie to Richmond, whore T was paroled in Feruary, knew J. W. Booth; he used to visit the Lone Star Club—a elud i belonged to; I was here at the time of the assassination; was here three days before i; 1 saw Booth on that day avd spoke to him; [saw him three times on that day; I saw Booth first at Willard’s and afterwards 01 wusytvanis avenue, between Tenth and leven'D of Eleventh and Twelfth streets Prisoner catiod to stand up, Q. Ind you see the prigonor on that day ? A. I saw him athe place Inst mentioned; be was with Wilkes Booth ant two or three others; they were siting around a tabie with xiassos on had Yeon to the Paymaster's, and coming down J beard music at the place referred to went ip, aad a bullet dancer was Periorming; the tablo Booth was at was a round ove, and he and his companions were talking: I saw then distinctly, as Iwas within afew feet of them; I can. not be misiaken about this. Crose-examived by Mr. Bradtey—I did not speak to Booth when [ saw him in this place; | caw Booth and his compauions were enea cvnversation; I was only attracted thore by the nv: IT never eaw Surratt beiore or since until now; # good look at him morniog, aud reeoguix as the sams man I am as confident toat T saw Sarratt as ; tus was some time in the after. ight have been after ti i cannot remember how they were dressed; tuink Booth ars: ore a goatee; if he did i was @ very licht one; does 1% remember the ball, but thinks tt wits at a ha!) calied Metropolitan Hall" Withess was asked why ho did not communicate there facts betore, snd gave as a reason that it was Known bo was imtimate with Bootu, and be was joered by bh rs, and he then bastened to his regiment; Witness never made (lis staement to any ene anti now; Was wever saminoned ag a witness: in this cose, but, having eeen that the Surratt trial was in. progress, caine here to <ee if Surratt was one of the meu he saw with Booth, and at Onge AS ONE OF Lhe party; he then in Carrington of the fact, aud was placed ow the a siiness, By Mr. Pierrepont-—\Witvest has a great faeulty of re- collecting faces ne tae once se jected Wo @ test of tne matter, Question, by Mr lerrick—Wonld you recollect the face of the womae who was dancing ¥ Apawer—! did not pay much attention to her face; My Aienbon Was directed to her logs. (Laughter) The Court Cook a recess at half-past two o'clock antil ten o'clock to-morrow morainy. The ailidavits above seterved vo aro as follows:— United Sates we. Jorn H, Serreit,—Jdova BH, Surratt, being duly sworn, say* that since Lhe cross-eXamimation of Charles H. Bian, a witness called by the prosecution, and since eaid crose examination closed, he has jearned or before tue 27th day ot April, 1865, the said tos H Blinn detailed the circumstances testified to by bim on the stand in this court as to the arrival of two men at the Burliacton depot im Burlington, Vt. ; 2 sail depot, and bis finding ou the day tefta dikerchie£ in said depot marked with the ), H Porratt; that said statement or account @ in the sorvice of the United Charles U. Bhun thea en bad sioph in the ‘Thursday, Aprii 20, 1865, and gut of Monday testified. for their sheep the Be was given to@ Sun and that tday of April, 1865, aud Bot on the morning of April 18, as testided to in this case, and thas particularly fixed. the dae by tae date of the death of his brother, which he stated occurred on Thurstay, the 20th, and tho absence of his mother in attendance npon said brother, The adidavit further saya tid he is informed and be Neves that the correct Oximy of sad date is material to the euds of justice in tats cause, JOHN H. SURRATT. Sworn and subscribed Qist Jane, 1867. R. J. MEIGS, Clerk, The afidayt in Hobart's case is the same in (orm, bat it sets (orth tue alleged fact that Hobart represented to a United States detecuve on or betore April 27, 1865, that the men referred to by bim got on the train at Fasex Jancnoo aud went to st. Albans on the 2ist day of April, and not the iSth, as stated by him tn court here, the affidavit says it is essential to the ends of Justice to establish the dates referred to My meng The affidavit in relation to Sergeant Joseph M. Dye to prove that the men ‘anada jat neither davit isa pee roferred to were followed into of thom proved to be Surratt. The writ repetition of the statement made orally yesterday by Mr. Merrick, NATIONAL TEMPERANCE CONVENTION, Wuatveros, Del., June 21, 1867, ‘The session of the National Temperance continued yesterta: was fixing on Nash Gon. KB. M. Gregory was admitted to the session. day & mass ineeting and pienic takes place in the woods pear the city, Namerous speakers will address ive gathering. BILUARO WATCH FOR THE Oil CHAMPIONSHIP. 2 posta’ ‘le half, ost ran was J bis average elevel on, dat has been soo. | | ivi! thehi' _ <fit alee isier’ * or iattabeat i corr iy VAC } AT. THE COURTS. peso ~ SUPREME COURT—GENERAL TEAM — 5 The Church Street Extension—Conctasion of tbe Argumest. Betore Judges Leonard, Clerke and Smith In te Maitor of the Motion to Confirm the Report of the Commissioners for the Opening of Ciurch Street from Pub ton to Morris Strect.—This cae, which on the previous argument was adjourned for the purpose of alluwing the counsel to the Corporation to reply to the counsel for the objectors, was resumed yesterday, Richard O'Gor- man and Wm. Fullerton appearing for the city, and ex-Judges Bonney and Hilton and H. H, Andereon opposing the motion, The principal grounds upon which the confirmation of the report is objected to were fully reported in the Hersip epon the former hearing of the case, as well as the particoters in relation to the istrict upon which tho assesment is proposed to bo levied, the eost of the projected improvement, &e, The grounds upon wnica the Couvesl ior the Corpora- tion rely, and which were preseniod yesterday, are in substanee a3 follows :— The resolution of the Common, Council directing steps to be taken to open this strect is lawful, within their legitimate powers, and its wisdom or expediency 13 not now open for discussion, The appointment of three commissioners by the Court was lawiu!, i accordance with seciion 278, chapier $0, Iawa of 1513, and sec.ion 7, aviiele 1, of the constitution, The commissioners covstitute a court for the ascertaining and setting all matters of fact withia the range of inquiry subsiitted to then—value of property, amount of damago, amount of benefit reeulting ‘rom the proposed Improvement, The Commissioners are not only a court for the purpose of thia inquiry, but something more. They are themselves in the position of witnesres, Jt is part of their duty to examine the premises, They may de- rive nformation irom ali accessible nourcea. Toe oxtent of the area of assesament for benelit ‘2 aso 009 of the questions within the diseretion of the cominissioners, It iv provided by statute that in proceedings for opening of aay street or thoronghfare im that part o: the city mot jaid oat by the Cominissioners of Strocts and Roads, under the act of 1807, tho Commisstonora of Estimate nd Assessment shall not bo contiaed to any defiaite ts, but are authorized to extend their estimate and asaessineuls to any lands they may deem beneilted, The sce! now to be opencad is not ove of taose laid out by commissioners appowted under act of April 13, 180%. it wouid be impossible for whe commiasioners gatisfy every one in this matter, Any limit of area os assessment on which they vould decide would be objectionable to some. Those within the Jimt will always geamovlo because they themelves are within the limit aod agse-sed for benefit, and because their neigubors and friends are without the limit and are not assessed, But if this quegtion were properly befor: the court it would eazily appear that tho area of assoasment here ig not wo large The opening of Charch street, from initen to Morris street, affords « new and much needed oatle. for the overiowing commerce of the grea: mercantile quarter above Cy Hall Park, This traffic now chokes Broad. way and renders its travel slow, difficult and dangerous, A public improvement could nover be perfected if it ere not to be carried through until ail objections from. aio parties were satisfed, ‘hore havo been abjec- tions to every stract opemmg or widening which has heretofore been made. For great pubic improvements, by which the whole city is benrtited, it is but just’ that the whole city sly be taxed The Lavlstature of this State, several recent acts, has announced the principle that for a clase of improveients involving a chango in the present map of the city, conlerring a manifest b: {t on the whole city, and necevsarily entailing @ beavy expense commen. surate with the groatness of the benoit, a targe propor- tion of such barden should sali on the citizens at large, independent of those whose property seemed to be more directly benefited. As to the special objcetions, the following are those which seom alone to merit cxamination;—First, the ob- jection Uuat the report is signed by ouly two commis sioners, 1 appeurs by thepafildavits read in favor of tho motion that John B. Haskin tuok the ordinary oath of oflice, whereby he pledged himself ‘fatthfully to perform the trast and duties _required of bim by the act under which he was appointed.” He met the other commizsioners, dis- cussed the matior of appointment of ofliciais ty be om- ployed by them—clerk, surveyor, appraiver, &a By agreement between the shree commissioners a certain day in each woek was fixed for the stated mectings of th> Board, To thie arrangement Mr. Haskin assented. For more than one year he continued to act. He did not attend certam of the iater meotings or perform the said trust and duties, and ip his absence the other commissioners went on aad performed these duties, By no act or word did he convey to any one his desire to refuse to form = these «duties or to he relieved of bis responsibility, To the written notices served *, him to oa hatin gory Bgl note auswer. It was argued at great ont int that trom the provisions of various acts of the [poeta cited, it is maniiest the Legisiature intended that where the majority of @ board or body of commissioners act tho action of the majority shall be effectual. If there be any objection as to the expense o° this work. fees to commissioners, surveyors, &c, tbat whole ques. ion 18 now iu the hands of Judge Jograham and eck to review by the Court, ‘The next point taken up referred to the lotter of Richard B. Connolly, presenting av objection on behalf of the Mayor, Aldermen awd Co: of certain assessmen 8 upon te the ony. it waa contended & 1 throuch which ths objectio prough the Corporation Counsel. tn this ease the rights and inte. rests of the Mayor, Aldermen and Commonaity are not iajnriously affected. The Mayor, Aldermen and Com- tmonalty, by resolution dated the 31st dav of December, 1864, directed this work tobe dou, In their opimon it was expedient that this street sheaid be opened if the Mayor, Aldermen ana Commonalty now think it inexpe- they can repeal the resolution. Tho opinion of dB. Connolty ig merely the opinion of a worthy idual; but officially be has no voice in the mattor But tis opinion is wrong, The elty proverty called the City Hail Park, or the squares or Battery, is vala- ably, and should be assessed for benefit like any other pro On motion for confirmation, evidence against the report will not be received auieas it has previously been submitted to the Commissioners. As to the objections urged on the part of th States, that they should be pai $240,000 »y the citizens of Now York for damage done \o the premises jeased by and (hat the property so leased by © the right of eminent domain of New York, it is net supposed eei to the Corporation that these ebjvcttous bat the United States aatnoritics have merely Jeni emscives ts the other objectors, in order 16 Gli up the list, and, if possible, 2 up the majority compoten: to effet a snocesstal opposition, Th wel for the United Sues hag not srbmiitod any Teagons for his propositions, and it ia sapposed that Bone exist, An olyection made by Mr. Andorsoa is withewt [ United clatmert by the by the are seriously = Set Avide and Re- taxation Ordered, Before Jadge Ingraham. Tn re the Extension of Church street,—Mr. Justive Ingra- ham, at Chambers, in the matter of the appeal from the taxation of costs in thie case, which amounted to the modest sum of $84,000, yesterday rendered a decimon wetting aside the taxation and ordering the costs to be Teiaxed, The following is the opinion in the case: — Ixeratam, J.—1L. Tt 1 objected that this taxation ie by the Cerk. If this were a new question I should feet unwilling to hold that a taxation by the Clerk was a compliance with the statute whieh reqnires the duty to be done by the Court. It seems to me that where the statute imposes a duty on the Court the performance of that duty cannot be transferred to the Clerk, but shoult bo performed by one or more of the jadges in court, and that the act is not complied with wheu euch taxation is made by any officer ont of court, not even by a justice of the court, But, as che taxation by the Clerk war per. under araic made by the justices immediately after the | pony of the law. and has smce been acqai- esced io, I feel some hesitation in expressing any oploion to the contrary im this cage, especially as the whole bill of costs bas now been brought before the court on ap peal. 2. It objected that the charge for drafting the report, and for two copies at the rate allowed in the oid fee bt!l for attorney for drafting and papers, is improper, and should not be allowed. not claimed that thie charge is made by the counsel, ‘On several orcas ons previous to 1856 (his charge was held to be @ proper charge, Whether made to the coua- sel while could charge for each services, or made by 4 counsel employed by the Commissioners, and the char; five cents per folio for drafting, and cents for copying Was eunetioned and General Term, in February, 1850, In i ebapter 122, 1t was Wwided that no cost, (ees or sete forth that since (the cxamiaauion of said Dye the | charges, should be allowed to the counsel of the Corpu+ is now Onder | ration for the performance of the services or duties De- ge of passing such Charges for ail services reudered betore January 1 1855, and prov\ied that all proesedings ponding January. 1, 1865, should bo taxed by thé clerk at the usual rates theretofore ry and uae ae services. This on services rendered in proceedings com- Skeet peor to January 1, 1855, and contemplated that the Fervices charged for before by the sel should be performed under his direction clerks to be empioyed by him, and the duties to formed by the Commissioners were to be YORK HERALD, SATURDA wes ¥, JUNE 22. 1867. "ft 2), aareaet Tan allocates, ja ene pay pA to be placed on file in the Cierk’s offices appears to necessary, aud is required by law for the mimation of parties affected by the proceeding, I know of vo law which requires another copy to be made at the expense of the owners, to be placed in the Compiroiler's office. The remarke above a3 to the proof of disbutse- meni, apply to any of the other items. Tuere is no proof as to counsel fees, by whom rendered or as to the sum charged. The services of clork charged for, room rent, services of officers, and surveyors fees are only stated im groas, and sworn Ww as correct by the officer to receive them, This ia not such proot ay will enable taxing officor 6 dis- charge his duties. The defendant should elow the nature and extont of service rendered and proper charge therefor, Te aurveyor’s chargo3 are to be taxod ac- cording to the ordinance preserving (he charge fer such services ; but in tnis case thera is gon only oi “professional services in preparing necessary veya, benefit and camares, maps, proiies and abstracts, $29,925 30,’? accompanied with bis affidavit, ‘thay he renuered tne services specified, and the account is jvat and (rue, and the amoun} charged was reasonable avd proper.” On such proof the oificer wo has to aliow the disbursement has no means of ascortaining that the charges are jn accordance with the jaw, or even that the services rendered were pocessary. J think taxation shouid be set aside and a retaxation ordered apon the producnon of proper proof as to the disbursement, BROOKLYN COURTS. UNITED STATES CIRCUIT COURT—EASTEAN DISTRICT. Convietios for Bribery—Is a Distillery Watch- man’s Position ove of Trast and Proatt Before Judge Benedict and a Jury. United Slates vs, Jacob Dubernt!.—Puis action was brought under that particutar section of the statutes whieh pr: Goa that any porson hold ng a placo of trust or profit w. ter the government who shal! receive a bribe or reward, oered with intent to cause him to allow a fraud to b> committed on the government, sali be sub - ject to imprisonment. The defendane was appointed a K-eper of Fogerty & Buros’fdistilers, im Soath Brooklyn, oa tue 7th of January last, by Deputy Culector Dailey, toat distilery having been seized tor an alleged violation of the revenue laws, and was in- dicted op the charge of bribery. Phe caso was opened by Assiginnt United States District Attorney Joho J. Allen, From the evidenc® of Daitey and Inspector Cochen it appeared that they visited the place at about ten o'clock A. M. on this day, and found that Duber- aol Waa missing, together with forty barrels of spirits. Several days afterwards they instituted a search tor him Without saccess; but a short time subseqaent to that they repaired to nis house by nigit, armed with a war- rant. His wife met thew at the door and stated tint her husband was not in the house, Tey entered, how- ever, and aver aghort search found bim behind a ciosot, partially dressed and holding @ pair of shoes and socks in his hand. They arrested him, when he confeswed io having received $100 for allowing the spirits to be re- moved; bat had not then any of it to return, ‘The defence was that Dubernell had bi frightened away from the distiliery by a crowd of inen who threat ened to kill bim if he remained. Only one witness was examined for the detence, one Karchir, a fellow keeper with the defendant, who bas been mdicted on a similar charge, and who testified that Dabornell was vif to din- ner, and that a crowd of wen came down and ordered them away, at the same ume threatening to kill them if they did not go. Judge Bonedict charged the jury at some lJength, referring to the importanco of the case, &e,, after which they reures, and rewaining out a short tiwe, returned with @ verdict convicting the ir. Mr, Crooke, coansel for defeadaut, therenpon moved for an arrest of judgment on the ground that Duberuell, being appointed keeper by the Oollector, did not make him a person such as dd by the statute, as holding a place of trust and —— fhe argument in the matter was set down for Wednesday next This is Frseseg 4 the tirst case of the kind whicn bas been tried in any United States court. The Charge ef Conspiracy to Defranud the Goverument. An application was made yesterday by counsel to have Charles Multison, arrested on the charge of conspiracy to defraud the government, admitted to ball, as he is now confined in ibe Penitonuary. Tho particulnrs of the cave have already been published. Commissioner Jones sal he preferred that counsel should agree with the District Attorney as to the amount, wpeteapos Assistant District Attorney Allen said that he would Ox the bail at $50,000. Connsel for prisoner (ought that too large, and after some discussion the Commissionor said he wouid then have to give Mr, Mallison a hearing as speedily ag poesible, and appointed Tuceday next for that purpose, ‘The prisoner wii! of cuaree have to remain in jail uotil then, anleze bail is furmished, UAITED STATES COMMISSIONER'S COURT. The Charge of Meanstacghter Aguinst Cap- tatu Charles Potter. Before Commissioner Jonos, The farther hearing in the case of Charles Potior, captain of the bark Eagle, who is charged with having beaten to death one Johu Emory, the cook of that ves- se), took piace belore Commisvioucr Jones yesterday morning. The second mate of the bork, Danicl Dempsey, was called for tne prove-ution, and tested that the defend- ant duriug the voyage in question—between the 12th of and tne 24th of January, 1807— was S tentent and Kind towards (he deceased, and never od him rouzhly. On ue or two occasions witness heard Potter reprimand tho mate (frst) tor il wsing Emery, and had veen him sirike deceasod, Forth more, Dempery terrified that he never saw the defendant strike anyone aboard the vessel, Gross-examined by Mr. Donohne—t heard MeDer- Ya statement erday as to how the captain had kpocked deveas 2 when he was Dringing my dinoer on one occasion; if he (devendant) bad done so 1 would have seen it; the eapiain ordered me to send tho watch alley and te chap wood for him hen he (decoused) was not able tw : deceased hal tite, while the eapiain was sick tor about ten days; I never beard the captain speak as to tate a the man'e death; and i heard it toliked abot ine his Goath was cated by the mate's ih treat SDernoit HXY i. i ted to Cette (Pranee) ibe seamen | loft he vessel on accouut of the mate, who came back | on i, emery had marks of i ngage on hi e was & deiieate man, aud I sbould think thatdes:h was caused by cold, ec. Tae docoased was certainly 111 used by the mae The farther hearing of the case was then postponed notil to-morrow at the request of Asmatant (nied States Therrict Atlorney Allea, who stated that he was competled to procere the atteadance of other witnesses, as the testimony so far was very conilicting, in order to cor. roburate the testimony of Frederick \'cDermott, given on thureday, He had been unabie \o procure their at- tendance yesterday (Friday) ts conseyuence of misiakes made ip the subpanas. COURT OF APPEALS. Arnany, Jane 21, 1857, The following it she day calendar of the Court of Ap- peals for June 22:—Nos, 106, 192, 163, 165, 16535, 166, 167, 14, 15, 16, 15%, 168, 171, 172, 175, 174 THE REV. MR. WESTILL ANO THE TROY SLANDER. TO TRE EDITOR OF THE HERALD. Pi orrevora, N. Y., dane 19, 1867, You published in your journal the libel against me, first published by the Troy Jimes, ensitled “Scandal at North Adams,"’ &c, Now, notwithstanding a fall, per- fect and complete retraction was published by the Troy Timer, on the 14th inst, I have failed to see the re- traction iv the Hexsup. What [ now ask is that, by every consideration of justice and humanity, as woll as the claims of a deoply injured and afflicted family, vou | Will publish the retraction as it appeared in the 7imer, Surely you will pot refuso me this, [have never in. jored you, and | canvot believe you Will be slow to do what Opa cau to a the stain Oh nad fixed upon me and my family, Yours, respectfuily, " Pee. MERRILL. [From the Troy Timea. Ber. & M, Maen —it m with Fy ina and gratification that we alinde again to ntiei in oor iss of (he Lith inst, we were ind by rma. tion, seeming to at Iv trust to impure to him an offence of the most grave and lous charac. ter, It naturally prodaced justifiable excitement aad earnest fuvestigations, The sacred olfice of the accused, his long and honored career 1m his profession, atiracted to our article aniversal attention around him the active sympathy of those who had known him Wo long and too intimately to doubt his integrity. Tevelations thus produced have satisied us thai all the substantial Cog made pst the reverend geniie- ‘man were enurely eseuaie,. Nothing but a sorious 3 3 ; 322 i eee Important Legal Opinion of Chief Justice Chase. {Prom the Raleigh (N. C.} Standard, June 40.) At the recent term of the United States Circuit Court, held in this city, his honor Chief Justice Chase delivered the following important opiaion of the Court upon the question, how far the people of the South were relieved from liability to Northern creditors by the confiscation and sequestration acts of the lave so-called Con- feaerate States. After @ concise statement of the Une of argument relied upon by the def dant’s counsel, the Chief Justice proceeds to set forth the law and to vindicate bis statement in an opinion re- markable for vigor of thought and clearnesa of reason- ing. He arrives at the following conclusion, in which the sequestration acts, to the rebel receiver of the debt due to the plaintiff from the defondant, was no dis- ’ He also held that the plaintif was not dis- prone the payment of interest. vs, Macon,—Tiis is ap action for the amount of a promissory note with in- ig no question of the Hability of the de- e demand of the plaintiils, unless be is payment of the note sued upon styled Confederate Congress, passed Auguat 30, 1861, entitled “An act for the suques- tration of the estates of alien enemies,” and an amendatory act Bees February 15, 1862 It is admitted that the plaintiffs were citizens of Penusylvavia; that the defendant was a citizen of North Carolina, note eued up was made by the defendant to the plain- tits; and that the defendant was compelled, by pro- cvodings instiiuted in the courts of the so-called con- federate States, to pay the amount due apoa it to tho re- ceiver appointed under the Sequestration acta, Upon theae facts it is insisted that the defendant ig discharged from bis Havility to the plainuils, It ia claimed 4 while it existed the confederate government was a de Auto government, that the wtizens of the States which ‘did not recognize its auchority were ations, and in time of war alien enemies; that consequently the acta of sequestration wero valid acts; and, — therefore, that payment to a Confederate agent of debta due to euch citizens, f compelled by proceedings under those act! rel. eved the debtor from all obligations to tho origin: creditora. To maintam these propositions the coansel Jor the defendant rely upon the decisions of the Suprome Court of tue United States to the eliect thas the late ro- bellion was acivil war, in the prosecution of which beliigerent rights were exercised by the national govern- Ment and accorded to the armed forces of the rebel con- fedoracy; and upon the decisions of the State courts dormg and after the close of the American war fer independence, which. affirmed the valigity of confixeatious and sequestrations decreed against the property of non-resivent British subjects and the inbad- itants of colomes or States ho-tile to the United Colonies or United States, But these dec:-ions do mot, in our judgment, sustain the propositions to support of wich they are cited, Phere is no doubt that the State of North Carolina by the aets of (he Convenuon of May, 1861; by the previous acts of the Governor of the State; by 3ui- sequent acts of ail the departments of the State zovern- ment; and by the acts of the people at the eivctions held after May, 1861, set aside her State governinest and Consutution, connected, under the national constitution with the government of the United States; and established a new constitution and government connected wit another, so-called ventral government, set up in hostility to the United states; aD dentered npoo a Course of active warfere against the navonal goverament, Nor is there any doubr that, by these acts, the practical reiations of North Carolina to the Onion were suspended, and very serious habilities incurred by those who were engaged ip thew, But these acta did pot eflect, even for a moment, the separa. tion of North Carolina from the Union, any nore than the acts of an individual woo cominits gravo eifeuces against the Siate by res sting 6 officers and defying its authority, separate him from the State, Such acta may subject the oflender even to outlawry, but cao discharge him from no duty nor relieve him from any responst- bility. The uational constitution declares that ‘ treason against the United States snali consist only iv ievying war against them or in adbering to their enemies, giving them aid avd comfort.” The word “only’’ was used to exclude from the eriminal jurisprudence of the new repubiic the odious doctrines of con- structive treason. Its uae, however, while limit- joy the deinition to plain overt acis, 8 these acts in conspicuous reliei a3 being always, and in » essences, treacoanht War, therefore, ‘evied against the United Stat hy citizens of the republic under the pre tended authority of the new State governameniof North Carolina, or oi the so called Confederate government which assumed the titie of the “Confederate states,” was treason against the United States, It has becn sn posed. and by somo strenuously maintainci!, that. the | North Carolina ordinance of 1861, which purporiet to repeai the North Carolina ordinance of by which the constitution of the Skates was. and tw repeal also all subsequent acts by which the assont of North Caroling poriebo dy i ICY paw tote aoe the igre g did; in fact, rej those acts, apd thereby absolved the of tho Stato from all obligation as cltizens of the United States, and made it imposeibie to commit treason by levying war the national yov- ernmeut, No elaborate disuesion of the theoretical question thus presented seems pow to be accessary. ‘That question, as a practical one, is at and fs not ikely to bo revived, It is enough to say bere, in our jadgment, the answer which it naz received {rom evenis je Wat which the soundest comsrection of the consiiiution warranls and require Nor can we agroe with geome persons, distinguisbed by abilities and vir- tues, who insist when rebeliion attane the proportien: and assumes cbarecter of civil war, it is purged of its treasonable character and can can only be punished by the defeat of its armies, tho diss) mex of its hopes end tho calawities incident to unswosessful war, Courts have no policy and can exorcise no poiitical powers, They can only declare the law’ On what sonnd principle, then, cin we say judicially thai the levying of war ceases to be treason whey the war besumes formidable? that war Jevied by ten men or ten hundred is certainly treason, but is longer such when leviol by ten thunsand ten bupdred thoneand? that the armod atiempts of a few, attended by no serious danger tv the Upion aod suppressed by slight exertions of the public force, come, Ungdestionadly, within the constitutional deilnition, but attempts by a vast combination, controiling eeveral States, putting great armies in the field, menaciug with imminent perl the very life of the *repubiie, and de- mornd'py immense efforts and immense expenditures of treasure and blood for thew defeat aud suppression, awell beyond tue boundaries of the detinition, nnd become immocent in the proportion of their ‘enor. mity. But it is eaid that this is the doctrine of the Su} Court, We think otherwise, In modern bo usual practice of civilized governments ed by organized and formidadie rebellion to ox- and concede belligerent mguim Instead, under trcumsiances, of punishing rebels woen made ners in War as criminals, they agree on cartels ior exchange, and make other mutually benoficia, arrange- ‘ments; and, ivstead of insisting upon offensive terms and designations in intercourse with the civil or mili- tary ehiefa, treat them, as far as possible without surren- der of essential principles, Ike foregn foes engaged in regular wattare. Hut these are concesoue mado by the legisietive and executive departments of government i the exercise of political diver: tien and in the imerest oF bomanity to Wwitgare eu juftoued of om i They estavis! Fights exee;t-during the war, Aud itis trae thar when War ceases und tle authority of the regular goveramrat is fay roestabished the peualties of violoied law are seldom intlieted upoa many, Wise voverumeuts never forget that the criminality of individuals is not atwave or often equal to victions, or Lusried along by oxcitemente due i \ pathies, aud oven by © pubbe opinion not theirown, Wheo ¢ weover, such governments, therefore, i their political discretion, address ihemseives mainly | to the work of conciliation sad restoration, and exer | the prerogative of mercy. rather than ‘hat of justice, Complete remission 13 usually oxtended to iarge cinsses i by amnesty or other exercise of tive authority, and individaais these clases with some excoptions of the great- est offenders, are absolved by purdou, either absolutely of upon conditions presorbed by the government, These prinetples, common te ali civilized nations, are those which regulated the action af the | government of we United States during the war of the | rebellion, and have requiated its action ance reberlion | lad down its arma In some respects (he rorgearnace | and liberality of the pation exceeded ali exampie. While hostilities were yet flagrant one act of Con: reas | precticattly abolished the death penaity for treason sub seqneatiy comnritted, and another provided a mode o whieh citizens of rebel States marutaining a joya. | achesion the Union could recover after war the value of their captured or abandoned | Property, The national government bas seadiiy sought to facilitate restoration with adequate | On no | gaeranties of anion, order aud equal rights occasion, however, and by no act have the States ever renounced thetr constit over the whole territory or over all the citize Kepaolic, or conceded’ to citizens In arms aga country the characier of niien enemies, or admiv’ existence of y government, de facto, wit boundaries of the Union, hostile to itsell in Ta the prize | cases the “opreme Court simply asserted the rigut of | the United States Wo treat too imsurgents and to clam from forciga nation formance of neutral duties under known to international law. he decision re cognized, also, the fact of tha exercise and concession of beiligerent rights, and affirmed, as @ nes cessary cousoquence, the proposition that during the war, all the inbabitants of the country controtied by tine reboltion, and alt the inhabitants of the country loyal to the Union were enemies reciprocally eack of ihe other. But thero is nothing in that opinion’ whic ives coun. tenance to the doctrine which counsel endeavor to de. Gnee from it; that the insurgent States by the act of rebellon by levying war against the nation became foreign States, and their inhabiiauts alien enemies, Tis roe being denied, it must result that in compel. ing debtors to pay to receivers, for the sapport of the rebellion, debts due to any citizen of the United States, authorities committed titegai violence, which no obligation of debits to creditor# could be can- colied or in any rewpect affected; nor can the dofence in this case derive more support from the decisions affirm- ing the validity of coniiscation during the war for Amer- ; that war beyan, dou! like the ‘itt mar foelion bad trminatd beitigerents, the per. (he penaitios z mnlasion. | liquor, bot she (Mrs MteMahon) advised | amination # ¢ ind some authoritics to ey ‘uas accrued during war between independent TS et oe ee saay, ba. ‘Bok Wiet ral, 12 jnierest, may v jae ment, 18 applicable only to such wars, We percei in the act uf the 13tof July, 1861, which pe ded fora UUme all pacific imtercourse between th} jegal and insurzent portion of the country, that req lt ee te cic Se ecto tg could ne! fated ov tho uction of the central authorities of the} rebellion, The plaintiff must have judgment for principal and interest of bis debt, nua ARGENTINE CONFEDERA1IO! eee SPECIAL CORRESPONDENCE OF THE WERALD. Patriotism of the Paraguayan Women—| sian Ofticers Engaged by Lopez—Operati at Hendquarters=A batement of the Choler: Minister Asboth Unwell. 4 Buenos Aves, May 12, 1967, Yesterday we had the news from the capital of Pa! guay that that government accopts the mediation of United States in the present war, This is refused the allies, and it simply opens the way for the next s: by tho United States. The news [rom headquarters ia not amy more indic of peace than it was a year ago, On the contrary, Pi guay seems to be developing under it instead of be; exhausted, Tue women do the men’s work in the fle and in the hospitais and tend catele; while jadi wealth have been placing their property, to ite | centaro, and their jewelry as well, at the dap tion of Lopez tw carry on the war, © President Lopez engaged the services of various able Prussian offic who are about this time arriving, Some of them b been arrested at Rio Janeiro and at this place ; bull well do they manago tha: they are get at liberty ogaii At headquarters the Paraguayans are becoming troublesome of jate, and have opened fire on the ficet on the lines, They show no waut of munitions or, men. To them war is not expensive, as the soldier d not need money and his clothing is very primitive, rations are of tue simplest kind. Baggage wagovs commissary. stores are unknown. . In the provined Ente Rios the newspapers are becoming very hostil the general government. Such language usually pi) vedes biows, but what may follow iu this case 1s not indicated. eer ] ‘The arrival of General Oeorio at the river Parand wi for with great anxiety. He has about 4,500 ¢) airy, which aro intended for an invasion of the up Paraguay, to divert the troops away from this po) Forees have been sent from the froms: by the all aid him, What may be the result of this it Is ¢ predict, as Lopez has sent also a good force to defend vivor, and the marshes and jungles of the intenor be much more favorable to the Paraguayans than to invaders, The-civil war ia the interior hes come close, Very few of the leadors have arrested, ave to Chile, while the rank au@ file have £| they sided into tueir former , The forces in oy civil war have ; vei bray decision ao jem. There fear 0 rebellion. One of the best signs of ‘the ' the nomination of Mr, Wiluamson. an of Mendoza, for Governor of that He w onaeneds bet ‘most likely will be, and that di Province wilt then nave peace. Tne interior prov are all in a falr way w prosper if they have rest war, At longth the masses are quite tired of More money can be made by the arte ‘of 3 railruads can be built, more steamboats ea; industrial pursuit ie better rewarded ia of p Tae chulera has abated al ¢ wire towns, the army it stilt continues, ba’ cold ther it is malignant. Ali the towns em ¢hie coast river have taken strenuous for nganst |i infectious diseases, Generel Asboth, United States Minister, been m. ae agmgened toh runs Lava pe —_ regutted in very little 3, bai now dotter. The ulouted Minister of eave isa di guished physician, and be bas often visited our excell Minister avd joined in consultations, During the last month the killing of cattle has b guspended by an edict, on account of the cholera, shut up irom circulation one million of paper do! day, which the killing establishments give out or b io by their bustness and products, resu' the 10th inst. Fora while the rush of cattle wi great that they were given out bv hundreds to buted who killed them, returning tl jes to the owners, TRAGIC AFFAIR IN MOTT STREET. Coroner Schirmer held an inquest yesterday on body of an unmarried woman named Catherino Cort, aged sixty-two years, lately residing at No, 137 street, and who was found dead in her apartments terday moraing, having been, it ia supposed, the vie of violence. The inquest developed the following cumstapces:—On Saturday last a womans pamed MeMahon, a widow, aged fifty-two years, came to lo m the apariments of the deceased. Both parties in the habit of (ndulging to excess tn ardent fluids, fioally, su one of their dranken fits, on Thuraday violent qnarrel occurred Letweea them, In the co of the mente a family occupying apartments beard screams issuing from Miss Corbay’s room, quietness cnentng nothing more was thought of j ray Mornug, When & straazer called at thé r Jed by the twe women and rapped jondiy fo Alera time the woman MeManon p opened door, but pot sufficiently to bim, a the bedy of the woman Corbey lying close agoinst tt The police were noti of the supposed murder, and an officer the Fouriesutb precinct took charge of the prem) Ow enterme the room he found Miss Corbay lying on the floor in a pool of blood, which was flowin; several deep gashes in tae neck, A broken tum! was lying under the body, but no knife, razor or o sharp instrument could be found. Anua Holman, a peimhbor of the deceased, tev) that on ‘Tbureday the latter was more drunk than had ever sven ler helore; chat she bad quarrelied every ove in the bouae, but expeciaily with her board ov thatedight witness heard a great commotion in room ald (rious Knocking on tue door, as if some were trying to break it in, Matthew Harris, an officer of the Fourteenth precit testided to nding the body as above stated; the wo MeMahou, on being questioned by him, bad said ¢ she was in bed, bat on arising fou the decer iving ov the door dead, bat so close to the door that (Mrs, McMahon) contd aot get out withoat going ov vest ; she window, whieh she Gaaily did. Alice MeMalion testified that during the afterngo Thursday and the deceased had consumed betw, them ‘ifveen cents’ worth of Bourbon; Mies Corbay quarroliing when she returned after purchasing er to Vo | her vpartments, and then went fo bed herself; she he] fighting on the stoop, bui fel! ep, and did not ave; wali morning, whea she fouud deceased lymg as a stated Dr. <imeon N. Leo teatified that he had * ody avd bad found on 1 erated inciset wound extending to which were both severed, as was sin his opinion death was the roan! orrhage from this wound, The case was here adjourned by the Coroner to ¢ o'clock this afternoon, tn order to give the polre 4) to trace out aiditional facts im regard to it, PUGILISM. dim Mace and Ned Baldwin Matehed fort Chnmptonship of Engian Articles of agreement enters’ into this th day June, 1867, between James Mace and Edward Bais The said & Baldwin agroes io ivht the said Janos \ for £200 a side and the bolt (open for £500 a de), Tuesday, October 15, 1867, within one hundred mites Londom, according to the new rules of the ru money not (0 be given up unicas fairly won by a fq Ip pursuance of this agreement £25 @ side is now etal im the hands of the editor of Bell's Life, who shall stakehoider and til tho Iagt deposit, wh to be named by . the whole of the money i to be made up. Thy pleed Aghting to bo agreed upon between the backers of Men, at A meeting to be held a: the office of the all holder, on October 4, between two and four o'cle, B BALDWIN hie JAMES wack Witnesses—George Roberts, William Ruler yor Mo the iternately, BAD Be cake on a house