The New York Herald Newspaper, November 12, 1869, Page 8

> ~"j MINIATURE WORLD. Grand Projects Under Way at tho Park-- Tho Zoological Gardens---4 Vast Depot for Wonders and Antiquities---The Bear P.ts---The Mydro-Sanrus Building---Lillipntian Pour-in- Hayds—-Invalid Chairs---New Zoological Acquisitions, Development, variety and progress are words ‘Which obtain their full signiicance at thg Park. The Commtssioners—ever activa since souye time ‘over ten years ago, when they first commericea to unearth the pestilential area that now lorms the fairest 800 acres of landscape gatdeniug in the world—are stil engaged in carnest measures to make this resort still more elaborate 1 its design and more complote in itsdetails, Af ing built elegant structures, previded costty and enduring arches, viaducts, tunnels, transverse roadways, ter- races aud waterworks of every class and variety, and adding to what is purely an clement of the Jandscaw® with all of its important adjuncts, they Thave now begna to turn r attention to the con- struction of vast zoological g sand museums of natural history, which Will hold, when completed, the rarest collections of curl and imstructive species that can be obtaimed by ageuts in all quar ters of the globe. The $10,000,000 that has alrenay been spent in developing this tract into all of its present shades of wondrous beauty has been so well disbursed that visitors, not alone of New York, but from all sec- tons of this country and Europe, proclatin that this Eden in the geographical ¢ e of a populous city Js the bost revurn aud coustt he most endaring receipt which the public could bh for so miunificent gn outlay. Of this almost every one is satisied; but with this the Park Commissioners are not. They have provided a retreat for weary metropolitans and have Mled it with all the gradations of natural beauty, heigutened by the skill of famous artists; they bave opened miles of drives, built and com- pacted smooth roadways; made shady glades; cul- tivated green swards, and have mingled a wonderfai acenery with a more than Chinese web of rambles and novel episodea, Yet they are not through with their work; for im these departments alone tho Park would be a theatre of mere external beauty, wither- ing and periodical with the changing seasons, The design extends beyond limits of this kind. It is broad and comprehensive, and includes plans for making the Par a repository of learning—a vast deposit whero all the wonders and aat tes of the world can be seen and studicd im thelr native state—a place where wili be stored the actual subjects about which weary vol- umes seek the attention of the reader through tedious roots in Greek and Hebrew, wherein the dead languages are mutilated to find terms to de- signate the living. In other words, the uneducated Who have not devoted a lifetime to the ologies will be able to see and understand everything relating to the generation, propagation and general of ali species of animai and vegetable life, historians, geologists, conchologists and other mere professo1s have 80 overloaded and interlarded their valuable researches with pedantic expressions and forced means of explanation that these high!P {pteresting subjects have become purely exclusive. No one now pretends to devote any time to tae inves- tigation of shells, to the reconstruction of fosstl Temems, or the development of kindred branches of gclence, except 16 13 to write a book, to deliver a iec= ture, or string together some stale platitudes for a magazine, This 1s a grave evil, and can be averted. With this end in view tue Park Commissioners have Jong and earnestly considered the subject of pro- viding the museum and zoological gardens necessary to accomplish the purp Such a move will popularize these branches, which have been driven beyond the understanding of the uniet- tered, and will afford ail au opportunity to investigate Subjects franght with so much interest and which have £0 lately become so important in the pubite parks of Europe. When these works sliali be co plete and otner detal!s now contemplated inaugu- Taied the Park will be the Worldin miniature. Every species of animal and vegetable ife will be found there in one form or another, and in many cases they already exist in unusual profusion. Take trees, for instance. No similar area anywhere can exhibit such a wonderful variety of this department of vege- tabie life. The deciduous class and those which sued their fohaze annually are there from ail climes, and under careful treatment flourish and multiply. ‘The cedars, firs, pines, spruces and arvor vi@ ave particularly abundent, aud of tle other class Norway Maples, elms, hickories and wuiows have a splendid growth, So is it with the minor foliage, with the silrubs, the rare exotics and the plants which are native to American soil. Flowers in rich col- lection and endiess variety are also among the conquests of tis extended vegetavi Kingdom. In a like manner have representatives from animal life been mtroduced—animats brought together from incougruous climates and placed aiuid artideial ones, intended to be a periect slutute for the origmal. ‘This matter of attending to the proper organization of museums devoted to the dis- Play of subjects from these two departiwents 13 More important than can be imagined, and is only pertecrea aiter long years of actual experience, ‘hat it will be dove in toe Park is sufficientiy evi dent from the fact thet alt the experiments tried in European zoological gardens are accessivie and will be borne in mind. Thus it is that the Park Commis- sioners hope to make their trust turn out a great Dubiic school—a spot where gratuitous instruction ‘Of all kinds can be most readily imparved of any and all wonders, natural, artificial or scieatific, of which ihe world knows. Tis is a gigastic undertaking, Its almost uniimited extent might appal the most executive, but the past success of every attempt to- ‘wards excellence has been go marked at the Park that there can be every confidence that the elaborate scheme Will triumph. It should be understood ihat nothing 18 left out in the general design and that everyting now extant will be before the visitor's eye. THR ZOOLOGICAL GARDENS, Something heretofore unneard of in this country Wili be the zoological gardens. They will cover twenty acres, bounded by Bighth and Niath avenues and included between Seventy-seventh aud EHighty- first strecis, thus embracing jour biocks. ‘These gar- dens have been long projected, bat not until recently hhave the Park Co.umissioners been abe to begin active work. Inextent they are to be among tae largest in the world, aad im capacity it 1s inte a that they shall be iferlor to none, There are so many considerations that operate iu the deteraima- lon of quarters for animal & the subject of the of the benstg has be: Of no little per- Jn the grap placa "ye emé, aud in its C3 nanges the calculation. ous to each dist cies, and temperatures in gradation wi @ach cligs, are to be weighed; and an arti! perature, varied by scenery that w Dack the animal to his wative epirit, must ve provided; duege tings require bth pt uy t1iTG and aida fie care of ant- 9is g taBR Which few und nd, aud thoxe Woo inde sito it deciare it the m perfect result of Ufetiy ey Ops; yet the animals at tue Par yg faked ts formly well, considering the mear”.g avcgi- miodations which tn AY can "ord. ju the basement and on the first Noor 8“ "second Moor tie digerent species have beep Courned in cages, as well arranged as Let ‘harrow ilmits wouid allow, but the facilities foy lgut ana other requiremen @ poor. in the now gardens now being constructed at Seventy-seventh street all of these detaus are to be elaborated in the most careful manner, though the plans are not yet completed, One of the raost tin- ortant features that will be iotvoduced is build- ings of nee capacity exactly adapted to ea species. In Europe fancy structures, profuse ta o:na- mentat@n and flooded with all propriate bp ga? work, have been adopted and can be seen in any of the Zoological gardens. But the intention of the Cominis- sioners is not to follow this exawuple, but to provide quarters that are suited to the wants of the animal. In general each spectes will inhabit ‘@ Separate building, and that building will be tn the form of @ parallelogram, and will be divided into three apartments of equal size. One of these rooms Will be for @ stall or place of repose, and will be Varied to temperatures required by the nature of the beast, and the one adjacent Will nave a milder atyaos- here, Wille the third Will be an open enclosure for rolic, The huidings ore designed to be wronght m stone and wood, iited with skylights, and will havo SUCH siiuations us to be readily reached from all poluis Of the compasa, ‘The work now going forward 1s upon an enormous Elephant house, to accommodate several of these delicate specinena, Naturally it will be strong, of stable fundattons, considerable heigut, and the imte- Bice Fequisitos Wil be developed as the buliding pro- s603. Among the must luiere the Worl Ghder way areche luierestmg of the Work BEAR Prrs, fe considerable distanco Which, when finished, de twenty feet high. ut the same. ‘iwo approaches lead to this nnderground habitation of the ferocious, one by a descent beaeath ferra fry which entors @ circuint heli surrounding. ihe oie from whieh the visitor Gan observe the antias of bao amiabie foreigners througy gratings disponed at con Veniont distances, On the upper level the boars will be visible through @ glass dome. ‘he facilives for feoding, ventilation abd Variauons of temperaure are all H be caresully copsideséd aud Will by as noar a kuids of faap- perfection as can be made. Besides this part’ eniar retreaé, ouhers of a sumijar Shaina will "Jo cons structed im vartous matertals \, te ant- mals they will quarter. Jn @ separate ‘yfhiaing all of the larger carnivera will be eXb"’ s1eq— animals tat embrace lions, tigers, path, hyeuas and wolves. ‘Ybe museum building Contsmpiated will be about 400 feet in length. it Is“aesigaed to make this atruc- ture in keeping with, purposes for which it is designed, and it reid herefore, have lofty and capacious halla %r thé display of the rarest spect- mens of shells, ‘the most extensive collection of in- sects and vaj"able representatives of oruithology, all carefully elaborated, accurately classified ani plainiy des. gnated by intelligivie names, ‘The entire uirauged.ent will be such as to represent tho dif- ferent ‘sciences in natural sequence, giving the succee‘ling Varieties 1n order, and showing diderent eras ‘ag simply a8 could be done in the coapters of a book. Natural history will tous be spread before thg casual visitor, and he can there learn more at a elvace than @ long course of mpracucable study Wwuglt teach bin. THE HYDRO-SAURUS BUILDING. To those interested in geology and the remoulding of fossli remains w their original form the hydro- saurus building, which will stand at the junction of Sixty-fith street and Bighih avenue, will be a value able resort, The immense skeleton of nydro- saurds which was found at Haadontieid, Camden county, N, J., by W. Parker roulki, las been re- placed in its orginal outlines, and the flesh has been put on by Mr. Waterhous Hawkins, the eminent English naturalist, ‘he buliding that 1t will tenant wiil be flied with a great variety of fossils aud geo logical strata, 1¢ will be 100 ieet long by 60 wide aud v0 high, aud wiil have a semi-cyludrical glass root, Ail Dranches of what is purely native in animal and Vegotabie life Will be exhibited here. Just velow the roof the wails, in paneis, will be inely parted by competent artisis, ‘Lue scenes Will ‘iiusiraie BeOKTupUical surjects, Aid bring Wider Lie Observa- Ton of the visiluis scenes irom) the least lanular quarters of the glove. A wide gallery will run around the entire buiiding, 80 that observers can get @ good view of Lie fossils bewow. Under the gallery Wil be the school of geology. dirata of ali the various spectes of geolog¢eal Jocmatuion, representing digerent eras, Will, be pliced in chronological order, Maat the crustof the earci and the singuiar proe of depos.t can be readily understood, Tue 6,.Go Kquare Leet covered by the ground floor Wii be a scene Wilich migit have existed 6,000,000 yeais ago—tor learned eu noW generally agree that Sertpiural dates are not verted by geology, aud therefore that the period of the wor.d’s creation antc-iales the generally received the of 4,004 years bejore Christ by several mailion years. To picture Luis science, With the ald of a Vivid Imagmaiuon, Will produce in cast the animals then exisung, and the pecuilur altitudes of tue mastodon and the nuge lizards, aud We whole amplublous kingdom wil briag back the millions of years that are gone for- ever. ‘These specimens taat have been denatural- ized from (ue mcdern Kingdom wil thus be exposed a8 hear 09 possivie In their original states. ‘There are large quantities of iossiis now in posses- sion of the Commussioners, and they wouid be grau- tied to receive any contributions irom whatever source, Tne plens for other buildings have not been drawn, and only the most general idea can be ob- tained of the intentions o1 the Commissioners, out SUCH as 11s there 1s a promise that the city will have the most extensive zoviogical gardens in the world. Aecently great additions have been made to the collection of apimais, and they are now temporarily quartered in the old Arsenal building. Among the adullions are seventeen large boa constrictors that are considered very rare, a3 they are very valuable serpents, Seven large ons of the most savage aspect are periuwnent boarders, and two clephants, one large and the other smail, await more extensive accommodations. One aromedary, with two humps, and two camels, wituout the last straw, also beioag to the browerhood, there have been pians drawn for a fine observa- tory on tue (reat Lill at the uorthwest corner of the Park, where the grouud rises to its greatest eleva- tion in that vicinity, The structure 1s to be butlt of stone, Witt all tue facilities for obtaluing accurate astronomical observations, im order wo take the most comprehensive resérd of the weather and to aiford the most reliable means west of the Green- Wich Observatory for tne rauung of chnronometers. It ig intended to make Us department the finest in the world. ‘Che design of drawing the pruye meridia: of longitude through New York, and {fo issue a guuual ephemeris, with charts and ail the nautical guides, 13 worthy of success ig Its execution, aud should meet i pond ead aout ola ‘ail fe in tie oce: ain, bees i ike nature of chronometers that many local defects, possibiy sometimes arising from couditious of temperature, will prevent the obtaining of rehabie resuits; but when this observa- tory 1s established for the meridian of Greenwich, a3 well as for the meridian of New Yorx, apparent or mean time can be recorded to the half second. CARRIAGES DRAWN BY TRAINED GOATS. For three or tour weeks visitors have wondered at seeing miniature teams trot duwn the drives wiia cunning hittie carriages, bearing full loads of minia- ture human freight, Whether the Liliputian era had begun to dawn, or whether the innabitauts from some hidden tsie of the sea had arrived m the city and had selected the Park for an airing, these animals were in all cases subjects of equal perplex. ity. Their pretiy harness and the exact way in which they “match im speed, and travel- ling together with the deticate velucle they draw, attract universal aitenuion. So the animals tarned out to be ornamental as well as useful, and their periodical appearauce on the drive goon sug- gested that they were a permanent attachment of the Park. ‘Thus is true. ‘the Cominissioners, desire us Of providing abundant means for tue litle peo- pie to enjoy themselves, have established elegantiy ited carriages, drawn by tained goats, and thus Young America can. sport his four-tn-hand in the Park py payment of a small charge. ‘ese car- Tiages can be found on the Mail any fair day, where infants not too exuberantly wild about straizhtway siashing a Whole concsra can doubtless accom. mougted, thouga it sould be understood that too unseemly ah ambition to baydig the reins will be considered as lacking in discipline. CHAIRS FOR INVALIDS. The Commissioners, if they adopt everything novel and of service that comes along which would inter- eat the public, also are aware of the utility of rein- troducing former practices of value. ‘tue use of chairs is a case in point. It is now some hunareds of years since @ gentleman couid be carried fiom Westminster (0 Loudon Bridge in achair, borne by @ siurdy peasant, and other means have bloited this fasiion of genteet transportation from existence in civilized countries; but Mr. Green has brought itout again at tho Park, not exactly, it 13 true, as the chairs were when Tom Jones aud Roderick Random travelied about town, but for the conveyance of invalids fro: point to point, and moving them over the watks of the path to such places of interest ag cannot be seen from the drives, The chairs aro sta- tioned at the Artists’ Gate, at Sixth aveaue and Fifty-ninth street, and are tn datly use. This im- provement, like the tutroduction of trained goate, Will permit @ class heretofore proscribed to enjoy all the beauties of the landscape und partake in all tac deiigits the visitor to this park of parks. ‘The following 1s a list of Lhe Iresh additions to the Museum collection as contributed by the donors whose names are given:— W. B. Vinsmore—Two Angora goats, famed for their beautiful and glossy halr. F, A. Kecier—One horned owl. Mrs. Hog K, Smith—One pair Guinea pigs. Captain H. Nelison—One specimen fying fish, David Wisder—Onc bald eagie. General William Myers—One grizzly bear, from Rocky Mountan Di, A. W. Ritter—Sea mosses, 107 specimens of Algi. Edwin R, Kirk—One native Virginian opossum, i. W. Sparkhara—One ratt.eanake, Colonel |. Loug—One banana tree, Wiliam T, Bancroit—Qne oleander tree, B. Valentine=Two Mexican deer, T. L, Mead—Two rat Danicl Walsh Oonyicied of hiurdering Hiv Wife. m the Chicago Tribnne, Nov, pis nage Te oy of Dantel Walsh “artéd Yor the mnrder is rdon, Colne Op Yesterday iu the Superior © wart, a wal Very euminarliy disposed of by an old faei'Gned verdict that mean’ hanging. The cir- cumstances of that atrocious vssussnation are easily recalled, as they occurred ouly m September last, and roused unusual indignation And sympathy. ‘he victim, ose, whose maiden name was Weldon, had secretty and against the shes of her father, some months before, married b, but bad never lived with him, having dis. a few days after the ceremony that he had r wife in New York, Her father’s house con- Unued to be her home, and when she met Walsh, Wiieh she did occasionally, it was only as an ordt’ nary acquaintance, He never pressed’ his assumed cians upon ber, deterred, it waa supposed, by the (nat there were relatives of his real wife 1n this city who watched him closely. She, on the other hand, was lealing @ perfectiy blameless life, carning her own living at her trade a8 a milliuer, ignoring, If not forgetting, the false step Which, in ® wioment of weakness, he nad bet e ough that was only a marriage ce hot its consummation, “And it Was this very blame- logs iife, probably. wnteh Jed to her death, Hxas perated, apparentiy, that he had fatied to effect her Tuin by @ /aise marriage, and mad with passion for the woman who was armed in innocence against him, he deliberately determined to murder her. On the 7th of September he called and asked for her at the suop where she was employed, but she rs 4 to see him. He, however, ways Juid her when she left for home half an hour later, and persumied her to get into ou omnibus with Lim, Sle soon learned that he was arined, and de- ciared thet she believed he meant to kill her. Ho denied that he intended any harm, but his protesca- tions had no effect upon her, for on reaching the house #ho sprang ry, from him, calling leudiy Jor help, ‘They entered tho hall, when ae fred at her, ‘The bail passed through her right lung, and proved fatal ten days later, Waish was arrested on tho apot, and has been detained, ull yesterday, in jatl on a charge of wilful murder, when he was found guilty and commended by tie jury, in accordance with the law passed last wintor, to be hanged. ‘Tho trial Waa a short one, and the testimony conclusive, A subscription has just becn organized by the Nea- Lihoe legitimists to offer to Queen Marte Sophie, of Naples, a cradle and baby linen for the chila of witen she 18 shorty to be coniined. ho eumscontrivuted have reached @ considerable amount and abou’ 50,000 Iraues will be devoted to the purchase of the cradle alone. Tae French legitimists aro also pre- ariog & siioilar Manifestation in Javor of the young uchess of Parma, WhO is alsy in an interesting wibualiodds acquircment of property by the deiendant, which ‘Was not expected to occur for several years alter the alleged marriage. The complaint asked the court to adjudge the marriage a valid one, to give the plainui the care ana custody of the wife, aud NEW YORK CITY THE COURTS. ANED STATES COMMISSIONERS’ C9Ui7. Counterfeiting Case. Before Commissioner Sbicids. The Untted States vs, Vincent De Lorenzo,—The de- fendant was arrested on a charge of having uttered and published @ large amount of counterfeit cur- rency, with mtent to defraud the United States. He has already been some time incafcerated, and on motion he was admitted to ball in the sum of $5,000 to await the action of the Grand Jury. Alleged Smuggling of Cigars. The United States vs, Schroeder & Bon.—The de- fendants, chargea with smuggling cigars, were brought up for examination. A check Was pro- duced, said to be that given to aman named Alibrap, for the cigara, Joseph Schneider identified the check. Witness went on to testify that he had never heard Alibran tell a falsehood, although he had several business transactions with him, E. Henderson, a Custom House clerk, produced certain books, showing that Alibran had never brought the cigars through the Custom House. On being recalled, Schneider stated thut he went to Schroeder & Bon’s oltice after the last day of the examination before Commissioner Shileids; le asked Schroeder what it was all abvut; Schroeder told him wo testify all he knew about the case; witness said he had toid Mr. Bon that he objecved w have any- thing to do with people like Alibran, Joseph Albran testified ‘that he told Bon tho cigars were smitggled; told Bon to remove the goods from his piace as he (Alibran) had spfts aicer his heels aud he was alraid they might have cail fot him; ihe @gars were sold at ten dollars, twenty ok lars and thirty dollars below the original price; at not tell Schneider that he wouid go back on the par- ties to Whom he had sold te cigars if the govern- ment let bun have the cigars he had in the Custom House, Joseph Schneider deposed that Alibran told him he was going to get lis cigars walch had been seized by the Custom House by going back on those to pres he had sold cigars. Tue prosecution here closed. Kheinhardt Stelnicker deposed that he was a sales- man in the employ of Schroeder & Kon for two years; remembered the transacuon between Alibran & Kon, lor which the check was given; the check was mi Bon’s handwriting; Sciroeder was out of town at the time, but révurned a couple of days after the transaction; saw the reguiar imported slamp upon tue cigars, Al some further evidence the case was ad- Journed til the 17th inst, Alleged Bounty Frands. Betore Commusstoner Betts. he United States vs. J. Nelson Luckey.—The de- fendant was charged with committing a bounty fraud. Isaac F. Graham testiflod that he was a clerk in defendanv’s office at No, 243 Broad- way; knew one Wilmarth, who had some applica: tions tor bounty, and ho brought them to deiendant to be presenied at Washingion., In the case of Day, who had applied tor Lis bounty, the check came in due time and, as alieged, the defend- ant handed it over to Wilmarth, who endorsed it and received the money. ic was contended on the part of the prosecution that the defendant was the authorized party in tue transaction and must be responsibvie. On behall of the defendant 1t was submitted that Wimartb, who had since jeft, was ouiy acierk in hig employ. ‘Lhe lurtaer hearing of the case was adjourned, Smuggling Case. Before Commissioner Osborn. The United States vs, Joseph Schneider.—The de- fendant 13 charged with smuggling 80,000 cigars and 1,000 pieces of riybon. He was held under $10,000 to avait examination. SUPREME COUAT—SPECIAL TERM. Interesting Marrlage Controversy. Before Judge Barnard. Andrew Garr vs. Pheve Pearsal,—This action was brought to enforce the recognition of an alleged iloformal marriage claimed to have taken place some twenty years ago between the plainul and defend- ant. The parties never cohabited as man and wife, aud the plaintiff claims it was understood that tie marriage relation was not to be recognized de sacto until the happening of an event in relation to. the that generally he be awarded his maiital rights, ‘The defendant answered and denied on oath all the circumstances that were claimed as constituting the Mmairiage; also denied that apy marriage was ever recognized, and aileged that the present suit was ee for the purpose Of extorting money from cr Mr. Eaton, on behalf of the defendant, moved for 2 dismissal of the complaint, on the ground that the court had no jurisdiction to eatertain such an a tion; that no reuef could be given under the con- plaint; that the agtion was one over which no tribu- nal, except spirit®al courts, ever had jurisdiction, aud that it was unknowg to Ne jurisprudence of tis country or the statute law of ue State, Judge Laroard coicided in this view of the case, and dismissed the complaint, Por plaiauil, A. H. MH. Dawson; for deiendant, Mr. Eaton, SUPERIOR COURT—GENERAL TEAM, What Constitutes a Siam Answer=Opinion by Judge Monell. Wiliam 0. Roome, et al., Respondents, vs Gran ville Nicholson eal, Appelants.—Judge Monell has endered the following interesting opinion in this abe: : The aMaavits used upon the motion at Special Teoria establisned ciearly two facts:— t—That the coal in question was the property of plaimtids and was sold by them to the delend- ants; aud, second—That Bass, who made the sale, was the agent of the plainuily to make the sale, ‘These facis are not contradicted. ‘The most that the defendants claim 1s that Bass represented to them that the coal be.onged to and he was selling it for Packer & Son; or that they supposed they pur- chased ttfrom such latter frm. The unauthorized representation of ihe piaintitt’s agent will not defeat the plainuf’s right to recover. ‘lae representation miade in Wis Case Was hot oniy not wituin the scope of the agent’s authority, but was in direct hosttlity to the purpose lor which he was appointed; and however much the defendants may have been mis- led, they canaot avail themselves of wie false repre- Sentations of tke agent to deicat the recovery of the principal, (N. Y. Life Ins, Co, vs, Beebe 7, N. Y. 864.) No doubt the defendants believed they were making the purchase of Packer & Son, but when they wade their answer they had been informed that the purchase was in fact made by the plaiauds; aud they must therejore have known that their answer ‘Was unirue, uniess they designed or hoped to defeat the action by means of the representations of Bass. AS such representations cannot atiect the plaintifts’ rights, and tacre is no possibile doubt upon the proofs now before the Court that the plajutifty must succeed, it was correct If strike out tie si a 3 Alam, ‘The test of a shani answer fs tyat at nebnece 1, Win Rte aterial whether the the eee knew of tts untrath, fee th. it an 1b 18 false tt should be stricken out, notwithstanding the defendant Tay bays Le Hevea it to pe true, It 18 not ae “o adjudge a acfanadnl guuly ot perjury, GF Bea ‘to impute to him such guy in holding his angwer to be false. He may have made his allegations in perfectly good aga E S faith, believing them to be etd true; yet tho Court, satisfied by proof that such allegations are untre, must strike the answer from the record, Thay 13 this case. The answer was prol es wary in the belief that the representations of Bags Woul enable the défendants to avail themseives of vheir set off against Packer & Son. But they were mis- taken, and it was correct, thérefore, upon the undis- puted proof that the purchase was {n fact made of the plainuits, to hoid the answer to be sham, so as to authorize it to be stricken out. The order ap- peaied from should be atiirmed with costs, Judges McOaun and Fithian concurred in the above opinion, Goodrich & Wheeler for plaintiff; Hawes & War- deli for defendaut, SUPERIOR COURT—SPECIAL TER The Durand Scandal CaseOpinion by Judge Kithian. Mary Durana vs. Joseph Durand.—In this case, the details of which have heretofore appeared in the columns Of the HERALD, Judge Fithian bas deiivered the following opinion:— ‘Thea avit contains facta snMclent to constitute bral Causes Of action In which an order of arrest ould be granted, all the fact afirmaty to appear incapacitated to sue The only question is whether, by set forth in the afilaavit, itis not made that the plaintiff’ 18 or maintuin any such action. It is alleged in favor of the motion that the aflidavit states facts showing the laintift to be tie wife of the defendant. That hus- and or wife cannot maintain a personal action at Jaw against the other tor damages for a personal injury irom eitier is clear. ‘The remedy is by a criminal prosecution and a bilbin equity for a sepa- Tation. In this case the affidavit shows that while there was never @ formal ceremony of marriage, either religious or elyil, between these parties, yet ‘Were was a promise of marriage consummated by living and cohabiting together as man and wile tor sixteen years. She plainuir promised to be the whe of defendant, and in fuifiiment of taat promise she forsook ail others and kept berselt exclusively to hin as his lawful wife and the m sixteen years, during wll wii kept and maintained and conabited with the plain. Ul, openly aud publicly acknowledging Ler to bo lis wife, Within ail the authorities this 4 sufiiel Constitute the parities husband and wife. The de- fendant would be estopped as agaimet the piainuit aud all the world trom denying tie reiationsiip, Tho alldayit shows very grucl aud iubuman Weal her of bis children for a time the detendant gut to ment on the part of this defendant, andT would wil- ingly sustain this order of arrest if I ouuld see any legal ground on which it can be done. On the argue ment of tho motion it occurred to me that imasmuch as the defendant had in the manner set forth in the affidavit repndiatea this contradt of marriage, the plamtut might take nim at his word, rescind on her part and sue as @ femme sole, On further reflecuon, however, it becomes clear and apparent that the “contract of marriage” cannot thus be set aside and admitted by the consent of the parties. Tne plaintiff, therefore, being the wife of the defendant, cannot sue or have 4n aetion against her husbaud for any of the causes of action get forth in the afidavit. Jno action can be mamtalned for any of the causes of action set fortit in the affidavit, of course the derendant cannot be arrested for such cause, ime order of arrest mnust be vacated, but without costs. Tho Programme Distributing Case. Moore vs, Meyers.—In this case, in which the plaintiff sought to restrain the defendant from dis- tributing a programme called Zhe Theatrical Bouquet tp and ground Booth’s theatre, Judge Fithian has ordered that the defendant be enjoined from distributing it inside the theatre and dissulved the injunction as to any otler restraint. COURT OF GENERAL SESSIONS. Trial aud Conviction of Wicker, Adams and Kiel for Robbery in the First Degree—Mo- tion for a New Trinl Denied=Judge Bed- ford’s Cpinion, Before Gunning 8. Bedford, Jr., City Judge. On Tuesday last, it will be remembered, that Wicker, Adams and Kiel, convicted of robbery in the first degree, were each sentenced to tie State Prison for the term of seven years, Thetr counsel moved for a new trial before sentence was pronounced. The mo- ton was denied, and at the opening of the court yesterday morning City Judge Bedford delivered the following important opinton:— People vs, Charles Wicker, Frans Adams ant Edward Kiel, Jointiy Indicted jor Kobvery in tie First Degree and Convicted of that Ogence.—In this case a motion is made -before me for a new trial. Counsel in behalf of Wicker bases his motion upon the ground that the verdict 13 clearly against the Weight of evidence. Counsel in benalf of Adams moves for anew trial upon the ground of newly discovered evidence. The position of the prisoners and the facts of the case are substantially as fol- lows:—Wicker, Adams and Kiet were jointly indicted Grand Jury for the alleged crime of robbing av Buran in the latter part of August last. Each prisoner was tried separately and convicted, Ciel Was tried and convicted “before my asso- te, the Recorder, while Wicker and Adams were tricd and convicted before myself. Jo Wicker’s case the facts were substantially as foilows:—The complainant testified that about half-past twelve o’clock on the night of August 29, while at the corner of Broadway and Bond street, hi Was vioiently assaulted by several mea, knocked down and roobed of a watch and leather beit con- taining $560 in twenty dollar gold pieces; that the men then ran off. The complainant further testified tat he was sure that Wicker was one of the men; that he did not strike nim nor take any of the money, but that he was with the others. Oilcer O'Reilly testified that as he was geing up Bond street his at- tention was atiracted to the scene of difficulty; he saw several men coming towards him, and rapped for assistance; that he arrested Kiel and officer Quin arrested Adams; Wicker was not arrested ull tho next day. Ovicer O’Keilly further testified to the fact than an hour after the robbery he found a twenty doilar gola piece and a portion of the belt on the spot where the complainant said he was robbed. ‘The prisoner, by way of defence, sets up an alibi. Two witnesses, George Hesler and Elizabeth Hesler, his wile, swore that at three minutes to twelve o'clock on the night in question they saw the pris- oner standing on the corner of Bleecker and Greene streets, aud that they and the prisoner went directly to i76 Greene street, where he, the prisoner, remained all night, Another witness, Ellen Jones, also swore that tue prisoner remained at 176 Greene street, passing the night in her company, ‘This is substantially the testimony. Tho counsel did not Bun) Up the case, but voluntarily submitted the facta to the jury ¢ Judge’s charge. The jury were charged 3 — First.—Aa regards the qnestion of {dentity. “Did the com- inaut have opportunity enough to identity the prisoner, so that he cannot be mistaken ¥ If they believe thac he cannot be mistaken, and that the prisoner is the man, notwitnstand- Jhg the alll bet up in beualt of the prisoner, they must con viet.” Som,—As regards the question of credibility the charge was as follows:-—“ir they believe the witnesses tor the de ey must acquit the prisoner; for, if these witnesses rthy of belicf it is impossible for. the prisoner to have part in the robbery. If, on the other hand, they do not beijeve them, and belt: robbed, but that the p in the robbery and ran off, it js thelr duty 'to conviet. ‘They must be convinced, however, beyond a reasonable doubt, of the prisoner's guilt. If they have any dowot In regard to the evidence 1n tlis case, it {s better to give it tohim and acquit hina; but if they are convinced beyond all doubt that the Prisoner took part Jp robbing the complainant, it iw their duty, under thelr oaths, to convict him of robbery tn the tirat a ct No exception whatever was taken ace to this charge. The jury rendered a verdict of guilty. A motion 18 Dow made to set aside the verdict solely on the ground that itis against the weight of evidence. fa ‘The case of Wicker, as presented, is, to my mind, clearly one invoiving questions peculiarly within the province of a jury—questions relaung to the credi- vility of witnesses and to the idenuty of tne pri- soner are, undoubdtedly, questions purely for the JGFy and tiot for thg cours to pass upon. It is weil settled thut when the testimony is of & conficting character and the jury pass upon it, their verdict will nearly always be permitted to stand, and it docs Not become the court to set a verdict aside, unless it be cieariy against evidence or without evidence to sustain it, lt has been held, and 1 think very pro- perty, too, that ‘no new trial should be granted unless there be a great preponderance of evidence against the verdict, so us to present a case of uncom. Mon rasbaess on the part of the jury.” ‘To grant a new trial 1m the case before me would, in my opinion, be laying down not only a very dan- gerous, but, at the same time, @ most absurd prece- dent, It would be, atouce, consututing the court, as it were, a quasi jury, with the immense and ua- limited power of reviewing at its will and pleasure every verdict based upon questions Which siould he found and passed upon exciusively bya petit jury of twelve fair and mopartial men, ‘The moiton for a new trial in Wickei’s case is therefore denied. In the case of Adams counsel bases his motion for @ new trial upon the ground of newly discovered evidence. Upon the trial the complainant swore positively and directly to the fact “that as he lay upou the ground Adams, the prisoner, took hoid of his arm and took the watch from him. Qilicer O'Reilly swore that “ne saw the complainant, that the guard of his watch was dangling on his breast, and tue watch was gone.” his description of the complainant by oflicer O’Rel!ly unquestionably corroborates the compiainant’s assertion that he had been robbed of his watch. Counsel for the pri- soner, in moving for a new trial, offers the followin, newly discovered evidence, to wit:—“That the pri- ner can prove, by a girl residing at No, 155 Wooscer street, that on the might in question, and before the robbery, the compiainant gave bis watch toa girl, which watch complainant swears Adams rovved him off.” On @ motion for a new trial, upon the ground of newly discovered evidenee, tie law re« quires the prisoner to offer proof that reasonabie diligence on his pact belore the trial could not have furnished the evideace to the court and jury. No such proof has been offered; but irrespective of this and the omission of ther logal Jequisives on the pari of the prisoner, tt Seems a le, ore & now trig} should be granted upon néwly discovered evidénée, thé CoH mist be convinced of the cardinal fact that the newly discovered evidence {3 so favora- ble to the prisoner—in one word, of such a character that tt oughtor would, jn all prphebilts, produce a Giiferent verdict should ak tlalbé granted. Con- sidering the positive frannel In Which the complaia- ant identiiie’ (ho prisoner, Adams, and a'so tue pos- ave manner in which he accuses him of hoiding hin by the arm and taking bis watch, together wilu tid corroborating testimony of officer O’ Kelly's deserip- tion of the complainagt, he Mtg et the com lanapt’s wate! aes was dangii and his watca Rone, Ido not think that the giri gfferedas a wil- nessin behalf of the prisoner would, in any proba- blity, produce a diferent verdict 7 a new wial were gone , aud therefore 1 deem it my duty todeny the notion.” In conclusion, I would remark, in refasing or graoting a motion for a new tral, upon the gigund that the verdict 13 contrary to the eyklouce, OF Upon the ground of newiy discovered evidence, the court should always have a care and be ever guided by consideration that in its action not only te pris: oner’s rights be not infringed upon, by also tha no injustice be done the people, There i8 a broa) dis- tinction between the legitimate exercise and wanion abuse of granting new trails. Motions for new ‘rials based uyon either of the above grounds sivuid be granted -_ In the sound and honest discretion of the court, when it is clearly apparent that the evi. dence does not warrant a verdict of guiliy, or that unless a new trial be granted, it would necessarily follow that manifest injusdce would ensue to the risone Prjssiscant, Diatrict Attorney Punt proceeded to dispose of the calendar. Ina@ number of instances the testimony against the prisoners was not conciu- sive of their gulit, bat the prosecuting oficer placed thei before the » Whose province It was to decide upon the or innocence of the accused, George Parker aed guilty to stealing a quan. p tity of ciothing, valued at $15, on the 18th of Ucto« ber, the property of Elizabeth W, Jenkins, He was sent to the State Prison for two years. llenry Selwyn, who was charged with stealing #42 worth of clothing on the 20th of October, from Robert Davidson, pleaded guilty to an attempt at grand larceny, He was sent to the Penitentiary for One year. Mavthew McNally, who was charged with pointing & pisiol at Patrick McNally, his father, on the 2411 of October, B epi guilty to assault and battery, The City Judge sent him to the Peuitenuary for six montna, William Stetson was tried upon a charge of steal. Ing forty-three pair of shoes, worth $105, on the 27tn of Octover, from the establisument of Jolin De Wirt, No. 72 Murray streot, The evidence waa not con: clusive apa the jury rendered a verdict of not guilty. Wott. Dyer, who was charged with stealing fifty dotiars’ worth of wearing apparel from Hugh H, Hannon, was also acquitiec The followmg ta the calendar for to-day:—Tho People va. James Gibbons, robbery; Same vs. Stephen Fitzsitamons and Jopn tagwerty, rob very; Same va Martin Williams, Thomas Collins and John O'Gon« nell, robbery; Same va. John Wash, tcionious assault and battery; Same va, Matthew Kyan, felonious as: Soult agd battery; ame Va James Lillies, felguic NEW YO%K HERALD, FRIDAY, NOVEMBER 12, 1860—TRIPLE SHEET. : assault and pales: Same vs, James JAllias, grand larceny; Same ys. Catharine perio. grand larceny; Sane vs. John Nolan and Patrick Haley, grand lar- by 1 Same vs. Reuben Miller, grand larceny; Same vs. Dennis Leary and James Marin, tarceny from the persons Same va. Plerce Butler, receiving stolen foods; Same vs. Isaac Marks, obtaining goods by jalse pretences, COURT OF SPECIAL SESSIONS Before Judge Dowling. ‘The calendar before this court yesterday was unu- sually meagro, containing the names of only twenty- six defendants, eight of whom were charged for separate offences under the head ot cruelty to ani- mals, the remainder for petty larceny and assault and battery, TRYING TO ROB A CHURCH. Albert Levers, a billious-looking old man, about fifty years of age, was charged by Henry Craig, the sexton of St. John’s church, in Park street, with going into the church tor an unlawful purpose. Craig said that about five o’clock in the evening he went to the church, leaving the door open for a few minutes, and on turniug round to go out of the church he saw the prisoner, who said that he had been sent for the clock, Craig had his suspicions aroused and questioned him as to who sent him, He could not give the name of his assum_.d employers, and was therefore given into custody. On searching him housepreaking impie- ments were found upon him. Judge Dowling re- manded him for sentence. “LIB 831LL AND SLUMBER, Madison Decker, a deck hand on a barge, and rather a hard looking customer, Was charged with assault and battery on Martin McMurray, a decent, respectable man Who picks up a hard, but honest living round Washington Market avd trusts to the hospitality of the masters of vessels for a shelter by night To the credit of the sait water traternuy this has never been denied him, and their confidence has never been misplaced. A few eve- nings ago shelter was given to him by the skipper of @ boat In the neighborhood of the market, and Decker, who wasemployed on the boat found McMur- ray there, to use his own language, ‘lying still and slumbering,” and disregarding the gentle admont- tons of Dr, Watts’ nursery rhyme, fragmentary recollections of which, when he used these words betore the court were floanong about his bemuddled brain, instead of allowing McMurray to lie still and slumber, he gave hima kick in the head, and beat lum until one part of bis lace was, to use ‘the wit ness’ phraseology, “like a Jelly,” and then sent him tg tind shelter and rest where he could, McMurray thought this rather rough treatment, and on the police hearing about it Decker was taken into cnstody, Agenticman connected with the vessel said that considerabic annoyance had been felt aud trouble given to the crew by people trespassing aboard, and believed that this man was one of them, McMurray said that this genticman was not the person who gave him permission to sleep there. Judge Dowling said whatever happened the assauls upon the man was utterly unjustifiable, and he should remand the defendant until Saturday for further inquiries. MISCELLANEOUS CASES. Matthew Donohogue went into the store of Conrad Baker, in Fifty-eignth street, and asked for two cigars, but had no money to pay for them, Several peopie were in the store, and as Baker did hot want @ “muss” about it he told de- fendant to go away and take the cigars with him, The ungrateful wretch was not satisfied with ‘tus, but picked up one of Baker's shoes that wa3 on tie floor and ran away with it, Baker pursued him anda overtook nim, and on the capture he struck Baker with force and bruised him. As Donohogue, relying probably upon his political power, had three times disregarded the summons of the court, he Was brougat to the court by a beuch warrant, and Judge Dowling seat him to the Penitentiary for a month to acquire, if possible, gratitude and learn good behaviour. John Spencer, who rovbed Jono Pray of @ watch in Priuting House square recently, was recognized by Judge Dowling us an “auld acquaintance” and was sent to the Penitentiary for four mouths, James Burns pleaded gulity to steal- ing @ pocketbook from Agnes Martin und was com- tutited bo lao Penitentiary for four montus, G.ViL COURT CALE THIS Ds Sornemz Court—G: Before Judges Clerke, Cardozo and Sutherland n-ehumersied motions and preferred causes, Supreme Covrt—srrciaL Term.—Betore Judge Barnard, Court opens at hall-past past t Law and fact.—Nos, 219, 250, 251, 252, 2 267, 263, 260, 261, 262, 233, 2u4, 265, 290, 203, 2 and 271, Supreme Court—CiAmners.—Held by Jur graiiam, Call of calend: 4 twelve M.—Nos, 96, 109, 128, 168, 1H, 139, 224, 283, 254, 255, 256, 25), 258, 259, 261 and 265, SUPERIOR COURI—!'RIAL TeRM.—Part 2.—Before Judge Jones. Couri opens at cleven.A. M.—Nos. 1 1973, 1630, 2081, 2115, 2300, 2273, 2252, 2306, 2243, 2322, 1955, 2149, 2420, 1995, 2527, 1745, 1690, 2217, 2193, 2041, 2349. CoMMON PLEAS—TRIAL TERM.—Part 1.—Before Judge Daly. Court opens at eleven A, M.—Nos, 159 677, 470, 1693, 1202, 446, 1834, 587, 208, 113, 716, 6ul, 660, 682, 81, 432, Marine CourtT—TriaL TERM.—Part 1—Bofore Judge Alker. Call of calendar ten A. M.—Nos, 4187, 4023, 4024, 4181, 418d, 4190, 4191, 4193, 4193, 4195, 4196, 4197, 410937. Part 2—Before Judge Gross, Call of calendar ten A. M.—Nos, 4077, 4097, 8911, 2912, 8018, 4078, 4107, 4151, 4192, 4200, 4201, 4202, 4203, 4204, 425, 4206. . go Tn- 9 Tom WEATHER YESTERDAY.—The following record willshow the changes in the temperature for the past twenty-four hours in comparison with the cor- responding Gay of last year, a3 indicated by the tueruiomever at Hudout’s Pharmacy, Heraup Bulld- ing, coruer of Ann oe 09. 1868, 1803, 1869. 41 4s 44 41 42 at 40 40 Averagi see A195 Average temperature lor corresponding daic last year...... seseneeeeces AIH Taz Common Counct.—Both branches of the Common Council met and adjourned yesterday without transacting any business, for the reason that there was not @ quorum present at either assembly. SALB OF PROPERTY FoR UNPAID TAXES.—An exten- sive sale of property for urpaid taxes and assess+ ments was made yeeterday afternoon at tho City Hail, under the auspices of the Clerk of Atrears, A large number of capitalists were present. Croton DEPARTMEN?.—Dids were to have been opened and contracts awarded by this Department yesterday for laying 650 teet of iron pipe from Man- hattan to Ward's Island, but on accoun* of tho absence of one of the members of the Board tie further consideration of the subject wus deferred, ANOTHER Ferry Co.Lision.~ Yesterday evening one of tho Fulton ferryboats in entering the sip on this side collided with tho outer extremity of fhe pier, knocking down about twenty feet of the bar- rier, but doing no farther damage, The prostrate barrier, however, obstructed the entranco to tho sip aud rendered it quite diMeult to enter or run out. 4 low huurs will sudlce to repalr damages. Commititctan CurenRaTioN.—The gMicers ang directors of the Harlem and New York Navigation Company on Wodnesday evening commemorate; the thiigenth guniversary of the establishment, Wieline by @ private dinner and reunion. captain Longstreet and Fletcher were eTnong the num- ber present, and the evening Doasad With great satis- faction to ail interested, rs With great sal Fata Jécibent To A LABORER.—David Welah, Qn irish laborer, forty years of age, died yesterday in Bellevue Howical, from the effects of a compound fracture of tue Faig) and other injuries, recetved on Ung ist Instans, at No, 99 Liberty street, i a heavy roller or SsuUx of timber failingjon him. Deceased lived ai No. 50 Spring strect, Where he has lefta Widow but no Hae, Vovones Keenan will bold gu inquest on the body today.” iva: vpy IDENTIFIED, The body of the Ind found floating in the Water, off Governor's Island, has been idepiifed as that of George Hoffman, eleven years age, Whore parents sive s No. Third street, celet home onthe méralng of thy Ipth ult, endif is believed he wandered down to the dock, aud faling overboard was drowned. The flading of tno remalus has heretofore been mentioned in the RAL Tas ACCIDENT TO MR. GALLAGHER.—Coroner Keenan yesterday held an inquest, at his office in the City Hall, in the cave of William Gallagher, (he laborer who dicd in the New York Hospi. val from injuries received on tha 20d ult, in Fulton street, near Broad way, by bein, over by ahorse and wagon driven by Mr, Wiilamson, doing business in the Bowery. evi dence showed the occurrence to have been purely gocidental, aad the jury accordingly rendered a ver- dict to that effect. Reaw’s Cavror.—Some of the morning papers have stated that roundsman Mee, of the Twenty- first precinct, who was promoted to the pos tien Tor gallantry m_ capturing John Real the murderer ot oMcer smedick, unger ‘a runnin, fire from the murderer's re. yolver, had been put back on post by the Police Commissioners, This 18 only a part of the facts. He Was put back at his own request and promptiy honored with the appointment of special detocuive Officer of his precinct. i Tae FAT MEN VANQuisinp.—The Board of tMealth At last have takon decisive action looking w the closing up of the fat melting establishments. At @ secret session @ resolution Was passed order: ing Dr. Harris to forward to the attorney the names of all who on tue 22d October were work- ing without permits, and the attorney was in- structed to proceea before the courts against then immediately, If there 18 any failure now in closing up the 115 places referred to 1 will rest with Atvor hey Bitsa, Farat Kenosene Bunsino Casvacty.—Another death from that dangerous burning fuld, kerosene, was yesterday reported to Coroner Keenan, On Wednesday evening Mrs, Sarah Kennedy was leit alone in_ her room at No. 7254 Columbia sirect, and twenty minures later Won, Jowepn, returned ~ Rectan EE Te SE eR aaa aa ak aE at as ia Saree a OS, and fonnd her lying dead on the’ most terribly burned allover the body, He age but could not how the fire but Mr. Kennedy believes per clothes fire from a kerosene oil lamp, W! the ioded while Mrs Kennedy was the jor hand could not ve learned, ‘Deransa wae — sixty-three years of age and a native of Ireland, Tus FaraL WrestLe.—The case of Joseph Welsh, late of No. 36 Cherry street, who died o few days ago from Injuries recetved from being thrown over s stove by George Gilbert, with whom he was ling, was yesterday concluded before Coroner Kee» nan, at office in the City Hall, The showed that Gilbert had no intention to injure Welah. in throwing him over the stove, and but for the that both were Intoxicated at the time the would not have occurred. In thelr verdict the jury Saraened Gilbees from blame, oe he Was ae Or discharged, Was forty years age ‘and born in Ireland, . « BELLIGERENT RigHTS CLAIMED FOR THE HAYTTENW REVOLUTIONISTS.—Two petitions, one from New York and the other trom Bostou, have. been sent to the United States government at Washington, by nine-tenths of the mercuants of those engaged in the trade with Haytl, aske ing for the recognition of the revolutionists. im that island ag belligerents, The petivoners assign as suficient reasons for the government's compliance with the prayer of the petition the long continuance of the war and the fact that the follows ing important cities are in possi a of the revolue tionists:—Jacmel, Aux Cayes, Jeremié, Miragoane, St. Maro, Gonaives and Acul; while Salnave holdg but three—Port au i’rince, Port du Paix (an insignle cant village) and Capo Haytien, ANNUAL MEETING OF THE New York FaMALB ASSISTANCE Sociery.—The ffty-sixth annual meets ing of the New York Female Assistance Society wag held at noon yesterday in the Reformed church, core her Twenty-niuth sireet and Fiith avenue, Rey, Dr real Kidgway made an uddress, He spoke of the good accomplished py tue ladies engaged in noble work of charity, and explained for the benefit of the public geueraliy that relief and relle gious consolation were dispeused by the members ta all sick poor without regard to color or nove pe ‘The ‘Treasurer, Jenneste 3. Cochran, presented financial report for 1568-9, which shows the s to be in a flourishing condition. The cash on 18 $20,428; and in addition to this the Dorcas Society, an auxilary, shows $6,465 cash on hand, Barons’ Boanpina Hovses.—Oficer John Wild, of the Seventh precinct, yesterday took before Juse tice Shandley at the Essex Market Pollee Court, @ Keeper of a satlors’ boarding house at 61 Market street, named Thomas Mauer, whom he cha with not having paid any license to the Board ol Commissioners ior Licensing Sailors’ Board ing Houses, The compluimt was grounded apog the act of March 21, 1860, for “the better protection of seamen in the port and harbor of New York.’? The Commissioners have ascertained that 9 large number of the keepers of sailors’ boarding houses have paid no license, and acting upon structions from Superintendent tested Captan Warlow, of the Seventh preciuct, cause tne of several of these men, Justice Shandiey beld ti prisoner in $100 batl in order to furnish a test of to the courts, dismissing the other defendanta, INCIDENTALS,—Yesterday Kate O’Comnell, of No. & Sheriff street, was badly ijured by @ door falling upon her. Ann Leydau, living corver of Baxter ant Franklin streets, was Knocked down and ran ove! by a horse and cart and sustained a broken Sent to Believue Hospital. Taomas Powers deuce not given) {ell from some lum on his truck to the street, aud bis! went to Mount Sinai Hospital, Conrad Dérval, of No. 133 Clinton street, had ‘iis skill fractured by the falii of a scafiold from the third story of a new buil in Sixtieth street, upon whicii he was emplo; Sent to Bellevue Hospital, Wiiliam Collins, of No, 99 «Washington — street, @ leg broken by @ bale of colton falitag upon 1b pler No. 27 North river. Taken to City Hospital. A wagon driven by James pyeen ol No. 45 Elin street, Knocked down and injured Rach Harris, aged nine years, of No. 27 Hudson stre ‘Three ofllcers of the harbor police on Wednead: night obsorved three men fa @ boat enter North river, Taney proceeded to arrest them: The men esvaped aud the oficers secured the boat and number of buygiars’ tools, which were presented i the property cleric. THE CAS OF BRIDGET @ERDY, ey Letter from Superinterdent CaSscrly—Powerg and Modes of Procedure in tho Case of Ileq gitimate Ofspring. Z OFFICES OF COMMISSIONERS OF EMIGRATION OF TRE STALE OF New York, CASTLE GARDEN, NEW Yous, Nov, 11, 1809, To THe EDITOR OF THE HERALD:— I desire the use of your columns to correct som@ false impressions that may be created in the publi@ mind by the report published of proceedings in the Tombs Police Court in the case of Bridget gS ‘The wrong statements it is desired to correct those relating to the modo of procedure 19 such cases by the Commissloners of Emigration. ‘the law prescribes that persons Ukely to becot public charge may make application for reli emigrants, to the Commissioners of Emigration: citizens, to the Commissioners of Ohariues and Goré rection. ln vastardy cases the Commissioners of Emigrae Uon proceed at once to provide for the mothey and chiid; and they are directed by law, also, to institat linmediate measures to ascertain the father of th chiid, and have him compeiied by tue proper office! to relieve the Emigrant fund of tie care and mal tenance of the moter daring her sickness; aud the child attogether, ‘dhe Commissioners are not the officers appointe or einpowered to prosecute these Logue ore Judicial inquirtes, and they never do. ‘thdy simply notly the ofilcers, who are empowered, namely, the police magistratcs, as s00u as the mothe! applies to them for relief, Here their fun tons cease, and their only concern with the investigation by the magistrate is (hat in dispul cases they furnish counsel to assert the rigats of thé, mother against any technicality that may be ratse Beyond this they take absolutely no share whatev in the investigation aad no cognizance of its cow or result, ‘The shortest way to show exactiy 5 the Commissioners do will be to subjoin the form, employed in this case, and wiich throughout the Port of the remarks of counsel was erroncously styl @ requisition for arrest aad oven alluded to as @ (el de cachet:— City and County of New York, #:—To the Polico uf of thy sald city :— — aving been delivered of a child ik to become chargable to the Commissiouers of Erni ratiol undersigned, —-——— of the Comuulasioners of Emi, irsuant to section five, title atx, chapter twenty, part one the Revised Statutes of the State of New York and the ions of an act entitled “An act to amand an act entitl 4 concerning passengers in vessels coming to the city ‘ew York,” passed April 11, 1449; passed April 12, 1866, the acta thereby amonclod, npply to you to make Iajuiry the facts and circumstances of the cage. , Given under my hand, this — day of ———, 18—, —— ——, Commissioner of Emigration, Tt will be observed that this application says not word about arrest; makes uo charge wilatevel against any person, and gives no namo exce} the name of the motner of the iilegitimal child. Any person who knows anything police procedure kuows that no eee would issue a warrant on any such paper any paper not sworn to, and no warrant 1s ever Issued on tt. ‘The @ {3 sent personally alo With the holies 0 er rt + Le oath and takes ler Hain find tat compiaing Gnd not the notice, is thé foundation of ihe warranty The whole proceeding Roa ns Tespect from proe ecdings on any otier compiaint s It tm piODy thon, that a notice hke this, egy no legal effect, involving in uo way the rights of Indja viduals, can do no harm by being signed in blanx, *- It was never contem faved thas the GommMiasioner¢ of Emigration, yusa: ae 6 Should constantly and in perdén attend matters ‘with which they has nothing to do, except to turn over to the poll Magletrates. But, more than thi: rong reasot exist for Heoping these plies ned in bl always on hand at Castle Gardén, Very often ti promptest action on these complaints is necessa tosecure the apprehension of the Jather, and pre’ his evading the jurisdiction of As Aad ‘The course of Mtr, Commissioner Kapp is that fol, fowoa #1209 1847 bY such men as Julian C. Verplan Eawin D, gan, Cyrus Curtis, Andrew Carrigt gad Elijah F. Purdy. BERNARD CASSERLY, General Agent and Superintendent, emerge THE DOUGLAS MURDER. Where Do tho Jurymen Livet=A Singulay Exposition. New York, Nov. 11, 18¢9, To Tue Eprrok ov THE H&RALD:— p Your publication of the names and restdencas the jurymen in the Battery murder case hits th nail on the right spot, Let us review the pete sonages according to the best guide—tha city Directory:— 1, Jobn G. Byrnes. There is no John G, to be found, in West Thirteenth street, 2, Macomb, ‘There are several Macombs in th Directory, but no “George J.,”’ and no Macomb av In 408 Kast Sixtierh street. . 3, Francis Reynolds. This name fs not found at the stated residence; but of all other rrancia Rg the business or avocation Is stated, as:—irancia R., clerk, 98 Chris:opher street; Francis R., rover East Twelfth sweet; Francis k., horses, 19 Vestr: street; Francts 3t.. plumber, 832 Third av Francis R., police, 433 Hast Sixteenth street, R, 18 only designated ‘nh, 156 Mott sirect.”” What hig occupation or his business, or who is ho? 4, James McUnve. No person of this name rear according to tho Directory, at No. 3 Vandewal treet. 6, Theodore f!ibich, The name Allbich does noe oxist in the Director 6. Honry Le gras No tg TL. exists lath Directory, and"no Vrasor at 80d Bags Fifty-eight sirect, Now, the pubile may form its own opinion about, a jury the names of which cannot be found in thé Directory. How «id tho Coroner's officer who ime: panelled them get their residences, which nowh can be found? Do not this make It appear like “packed” jury, dear and just editor? You undo) stand better, Do dwell upgp this subject aud make ont tho points which o: A Justice Gnd requesis you to do,