Newspaper of The New York Herald, April 19, 1855, Page 1

Newspaper of The New York Herald dated April 19, 1855 Page 1
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THE NEW WHOLE NO. 6810. MORNING YORK HERALD. EDITION-THURSDAY, APRIL 19, 1855. THE STAHWIX HALL MASSACRE. Court or Oyer and fermlnrr. Kefoie Hon. Judge E. P. Cow!-1*. HYUB. UKN. IRVHT, VOKKIHSET a.W!> VAN PELT ADMITTED 1*0 BAIL? TUK APPLLKaTIOS TO BAIL TOBM* AND PAUDEKN D.-MID. AprH ) 8 ? The People tu. Iraki, Morrisi-y and others. This u an applicat.ou to admit to Bail all of the de fendant* exc?pt who in (till at iarga. The mo tion li !>*aed upon tbe v?tiro"ny t?k*n ?wfore the Coro oer, sod that tak<m befure "lj? Grand Jury. oa?*hi:h the mu<ctin<-at ? >? found. The defend w'j at the same time awk leave to turuiah further proof, by affidavit or oral t^aHmory, on the subject, showicj thair in nocence of the offence charged, a* affecting the question of bail, the District Attorney at the ?auie time also niOTfrt for an ini^eate of the hall heretofore taken from the rt* leudnnt Irving. Tbo flrat question to be settled ta whetlit-r ,-nch further proof can be receive!. After a cartful examination of the subject, I have coma to the eoncluaiou tiat such proof oannot be received. It haa not be* q the practice heretofore, either in this country or in Ei'irland, nor can auch a precedent b > established, without making an application for bail subttuntlaUy a -trial on the mtrlta; for if the prisoner can produce luch evidence in bit* own henait', the public prosecmtor should t.e permitted to controvert it; which, in effect, would transform a motion to ball into an examination Into the guilt or innocence of the prison- r h. The rule seems toV well settled to the contrary, at<d with rea son, becausc, to open the whole question of guilt or in nocence te proof on a motion to admit to bail, would be attended with mod eeii nui public inconvaoience. In moat c.*se? there will be k>x:an* on the files ot 'he Oourt the preliminary exsmination o! the accunetl. or the tes timony before the Coron-r, or that before tha Grand Jury? in tiimi o?b?h all. True, a* in this case, a party may sometime*, by casualty, b* deprived of the benefit of a preliminary examination but Tbe hardship in a particu lar instance mould po?, induce The establishment or a pre cedent which wonldjprove of great public inconvenience. The motion to put in proof must therefore bs denied. Thin briiigb us to the main question. The power of the Court to bail is unquH*tioned. But the principles which will guide the Conrt in the exerc'se of this power liwe b?en wrll established. srd wiU be reco:;n zed here as the true rule bj which to be governed. It h is been said that in the higher clasi o' offea-ss. particularly of a capital nature, a court will not bail after indictment, although they may before. This disiinstioo has arisen from th? lact tUat In in?> one case the court nave before it the testimony taken before the Coroner's jury or be fore the coinnii ting magirtrate, ani can thus, by an inspection ot the testimony, be enabled to form some jmlgmeot as to pronahio guilt or lnno ience; while iu the oth-r case the old rule did not permit the testimony before the Grand Jury to be disclosed, and the court were therefore, after indictment, unable ti say on what proof it had been found. In Lord Mohan's case (1 Salk, 104), it was said? "If a man De found guilty of murder by a ooroner'a inquest, we sometimes bail him,b*c?uss the cpioper proceeds upon depos:t:on? tat en in writing, wffSh we -My look Into, otherwise, if a man be found guilty of murder by a grand j iry, because the <;ourt cannot take notice of their evidence, which they by tbelr oath are bound to conocal " "A man charged ?with murder by the verdict of a coroner's inquest may be admitted to bail, though not arter the fin i ng of an indictwut by & jrrstui jury."? (1 Cbitty Criin. Law, 320, Am ed. oi 18U0.) An.t the reason is the same as above given. So (in 1 M?rtin Lous, Hep 142,) the Ter ritory vu. Benoit, the oourt say ? "On a coroner's in queM finding a per.-,on guilty of a capital crime, the judges have often looted into the testimony, which the coroner is bound to record, and when they have been of opinion that the jurors had drawn an iltogical conclusion admitted tb-- Dirty t.' bail But as the evi <lenee before the grand jury is not written, ant cannot be disclosed, the mdk d:-eretion and control cannot be ?xercis?d. and the Judge* cannot help considering the tindirgo: a grand jury too great a presumption ot the defendant's guilt to bail Dim." Other instances to ths tame etlvct might be cited? all showing that the dis tinction made between bailing in capital cases before or after iniictment has been founded on the reasons above given; that before the indictment the court have access to the depositions and testimony on which the charge is based, and in the other ca<e caull not, becauie the grand jury were required to keep the testimony before ltsecrtt, and the court having no lheans of Inferring otherwise, would, there l ore, always imply that the grand jnxy had not indicted on iasufficient proof, and bo refuse to bail. Such difficulty, however, ?i<>es not ex ist in this ea.e. It ,s provided by 2 K. S 721 sec. 30, that ?' K?ery grand jury raay appoint ons of their num ber to be a clerk thereof to preserve minutes of their uroceeoiujrs, and of the evidence given before them, Ac., wVcb was done here: and tha whole evidence takeu before the Giand Jury wau found this b'll i? >? admitted is before the Conrt, consi.t ng of the record of tin testi mony taken before the Cor*if?r'a Ju*y, whiah was also read be?ore the Grand Jury utf'anr with a full record ?,f all otver fact" testified to bii?Jr? the Grand Jury Th* question Of bail is, therefore. open to consideration to ths same extent as it would he if applied for before indictment, for the Court know on what testimony this indictm-bt was found. the imitation then arises under what circumstances can bail * given in cases like the preseut V In the cass of tns People vs Goodirin, (I wheeler (ria. Cases 44ft,) the lats Chief 'Justice Spencer gf^yn ' That if it stands -nliffereat whether a person charged with a felony he guilty or not, he ought to he balUd and that eren in capital cases, wnere there any circumstances to induce the court to suppose be uiay be Innocent they will bill " That most eminent of jurists ia the pane cams, after stating further that theie is no fixed or oertain rule for ev sry case, but that each one must be governed by the pestiliar circumstances attending it, nays "The object of lmurwonnient before conviction is to secure the forthcoming of tha parson charged with the commUsioa of a crime, ani it is never intended .as any pert of the punishment, 'for until the guilt ot toe party be legally ascertained there is no ground for pan ishmrnt ?nd it would be cruel and unjust to ioflict it. The law* (says he) of every free coun-xr estimite per sonal l.bertv as of the mo<t stored character, and it is not to be violated or abridged before trial. If (he f urther saya) tbe punishment be death or corporeal imprison ment a conciousness of guilt would probably induce flight and an evasion of the punishment, and in admit ting to oail therefore regard must b* had to the probaole guilt of the party snd the nature of the puninlimi-nt He then proceeds to recapUualate the facts in taat par ticular cafe which was for manslaughter ? stated the prisoner liad once been trisd and tie jury disagree i; that the foreman had, when called, rendered a rerltnt of guiltv. but then, on beiog polled, oce of the jury dissented ? and then pTo:eeds, "I am therefore l<ounl to presume that the pr.aonor may be innocont or the of fence in such a caee. us I understand ttis law, he is entitled to be bailed." These principles were approved by the Court in the c??e of Tayloe a. Cow 89, wuich was a case of homicide before ind.ctment, and in that case, after HDPCOfiiMf of tb? rale laid down by Calef .Justice S3pencer ia the case above cited, Mr. Chiel Justice ?Jarage nays, "If the facts in the esse now before the Court alTord the sasne prenusaptions of .noocense, and it appear* to the ('our* from tbe depoiit'ons that it is quite indifferent whether ha is guilty, thee, in my opinion, hi ought to be ball'd, otherwise not." Tbe same rule has besn re - peatctilv recogn.zed in England. Hawkins PieM of the Ciown, 3. 2, ch. 16. see. 40 1 ? j0. Re\ n. Dalton. 2 ?tr ?lS In Com. Digest, Bail F , it Is said. 'Tne Court will not ball in murder, treason, &c , unle * there be reasonable cause." The crimina' code of ls>ui?l*na con tains a provision wtioh seems to bs a ?utn marv af the common law rule on this sub ject Article 102 provides that "All persons shsu Ve, bailable except for c*pita! offences where the proof in evident, and presumption jreat;' and then reciting tliat murder, rspe, and >ome other ofT? are punUh able witli death, proceeds ? " Persons accused of the af fence* above enumerated (capital offences) are aisi to be balled when the proof is not evident, ^ tion strong " The general propoaition deducible froa the foreiaiog authorities is, that the Court wiU, j? all cases capital or otherwise, exorcise It* dbcrotiooary powers, and admit to ball, wh?n from the testimony un aer which the accused is held it is indifferent whether he ia innocent er guilty; In othsr words, when upon an examination of the testimony the presumption of guilt is not strong, and they are particularly called upon to bail in sll cases when the presumptians aro decidedly in lavor o< the innocence of the accused. It mar be well here al-o to Inquire on what testimony an indictment aboald l>e based. I am aatisQel that this most importan. matter is oltentimea overlooked, and still baps, ma understood, by our graad juries; and ve. such tbe very nature of the organisation of a grand jury auch its mode of proceeding, the secrecy of lt J action, and tbs expatte character oi the testimony taken before it? that these errors are rarely, and then onlv inciden tally, biought before the '.ourt for review Tnese error the couit should vigilantly watch, and, as f ir as praeti ca>le. correot. In no ca-ie la inj us tic.) more likelv to M ^one tbaa ia the finding of indi;tmoatt on insufficient proof? an injustice difficult to be guarded against, and yet oftentimes most la i'.s rous.-quencee to ihe accu.ed. I cannot icgard the indii'tii"ut as in theory a mere accusation ba-ed upon prvoiMe cause to believe the accnssd maybe guilty ? like L'j* finding of the committing magistrate ? but as a dlrnet snd positive charge on oath that upon the testimony before the Gratid Jury- ex parte ami unexplained, th* jury find he , is guilty In 1 Chltty Crlm. Law 818 it is said-4' For- i marly it was laid do wi> that a grand jnry ought to find the hill if probable evidence were addu led to support it, because it is only an accusation, and tbe defendant will attar wards .'afend hitnealf before a more public tribunal n'ut sreat authorities have taken a more msrcifol view # ?f the subject, and coosl 'ering the ignominy, the dan gers of perjury, the anxiety of delay, and the rul.ery of a nrison, liave arguad thai the grand inquest ought, as ??r .? ?he erdenca before them goes, ta be convince 1 s?f -he of the defendant. What was, thsrefor, of ( trsason, may be appded to ail ?f^iV^nrp. tbttt sln?0 It <? pref rr** In the absent* ofthsprso^e'r it ought to be suppor^lbr substantia i testimontes.'' 1^5 t p.rty ae"PJ j and only the evid?noe far tL^Kiog belng adduced , It Is ^sirv^av t^pr^f ?f the offence should Mnlww.n?t>U jP ^ Tn a not* to 4 Hawkins Vleas ot ?>?? ' * , fu 4 4V* l* -U4 with nnd the fo'iowmjr ? i- *** uv< " , tn h atrength of argument, KraM Jury oil^. to a its the seme persuasion o. the truth a* a > pet l ? corr oer's inqreat " Vi.ia also 4, 8Ute 1ri? m ? ? a tons u:es tbe fallewing laagua?a A j? nt/ ? jght te be thcroughlv p?nuadea "f .he trMt ot aa tu^ dletsaect aa far aa their evidence |oe?. aci n?t k?t'?',i?d niartly wlta r^taote poss.bUI*ise -a loctrfae that nc.gbt be applied to very oppreasive purposes " 4 B). Com., aca. The rule, a* fbu* laid Iowa, I believe to be true one. Ko a- her. In ssy judgment, |j sate, uitib it to be t<lrn>ted thst a citteea imiI M charged with ? penous oflWice, and w nt to a p--tit jury for trial, uii'eaa tl>e expsrte testimony, t?ken i? h-a anieocar. wt'h no po^Ar of cross examinavon. Khali at Vatt, if unex p aided, fhcw him guilt;. This la implied u> the very language of tha incictmeot : ? "The jurors, &n,, upon their u'lii, pre s o t that aBIi guilty. " Ac- How, u uon ibrir cat! h, can they far %b? accused I* guilty, an tl e t-stimcn} stsuda b? fere them, the prco f iiu?zp!<iin?d ?cuH lend logically 1o aucb r.onM'igion? Is itto 04 tole later" that grand Jurle.are to s| aouUte upon tbe r banco cf tbe guilt ot linncmi e of the citizen? It the grand jury cannot say tbat tbe testimony ther hayetaw?>nNXf>?rt<t In not strong enough to lea d to communion o( guilt m tU* citizer to l>e sul-jected to all the ipuuiinv of an indict me nt, ?r.d the r gora perhap- or a loog confinement in a pjikcn, to the injury of hia heal h and character and the ruin of hia business. on a auapiclon merely that he may regiultyy I de not 10 understand tbe law, but aa a hove stated, that the testimony most be sufficient la degiee to eouvxt it unexplained. Such are the piinci plea wbicli muit govern in the caaes now before the cout Tbe parties wbo apply ior bail, Mven in number, vi*., McLaughlin, alias Pargene, Turner, Hyler. Lynn, Van Pelt. Morriaeey and Irving, are all charged bv the indictment aa aeeemonte to the murder of William Poole. Tbe testimony shows that on the evening of the httuiside, without anticipation of a meeting by either party, Morrissey and tbe deoeaaed met in a public house in iliia city; that they were enemies; that on meeting ? violent quarrel tnioid between them, and much feeling waa excited : tbat Poole, supposing probably he would be assaulted, drew a pistol and pointed it at Morrissey; tbat Morrissey was goon furniebed with one, which ha snapped at Poole; that at thia time Irving interfered and attempted to prevent any difficulty, and that after much excitement, but no blowa given, the parties were separated by the arreet of both Poole and Morris iey, lioth of whom were taken away in opposite directions None of the accused were present at thia first quarrel but Moirisaey, Irving and Hyler. As the parties were taken from tbe boose, living also left, and waa not. seen in company with any ct the accmod again that night, *rd the weight of the testimony is that, ha want directly heme aid did not hear of the au^sequ^nt nfTny until the next morning. The only other testimony as to Irving is tbat aonn months before this he had been heard to mnke threats in regard to t'Mle, and to declare his intention to procure hia death As to Momsray, tbe whole testimony goes to show that alter the difficulty, he, in company with some of tbe accused and others, called at different drinking places ; that le became very much intoxicated, and was taken home betoie the second affray in a state of tensrless inebriation. There is no evidence that he conspired with any other parties to have a further col lUion with Poole that night or cxpected one, and the in fe/etce from tbe testimony is conclusive tbat be knew uotbing of the subsequent difficulty which resulted In Poole's being shot, until after tbe occurrence, and was then in too inebriated a state to De made to know it un lit tbe next morning. As to Hyler, Lynn and Van Pelt, the theory of the prosecution is, that they, In conjunc tion with Baker, Pargene and luroer, formed a conspi racy ior the purpoie of a joint attack the same night upon Poole, and together went to the sc.sne of tbe first oifliculty with tbat end in view. That these parties last n?m<d oid go to tbe scene ot the homicide, aad probably in company, is true. Tbat a difficulty soon ensued between a "portion of the party and Poole, is equally true, and Poole received a shov. which leenlted in his death scum days after. To con nect Hyler, Lyan er Van Pelt with this (hooting, so as to make either one liable a* an accessory, it is necessary for tbe prc-eecution t? first establish a guilty confede tacy among them having that end in view; for. so far as the proof fhows, no oveit act on the part of either of these three parties waa committed after they entersd Stanwix Hall which indicated any participation ?.n the attack on Poole. Van Pelt, on that occasion, as the evi. dcnco shows, interfered with Pargene, one of the ac cused. to prevent his assault on Poole, and va? knocked down far Ms attempt, and immediately left the house. Neither Lynn nor Hyler joined in the attack that waa made, nor in any way showed a hostile purpose by any overt act. Tbe strongest view that can be taken of tbe ease unfavorably to the defendant) Hyler, Lynn and Yaw Pelt is, that there are strong suspicions that they may have known Poolo was at Stanwix Hall, and went there with the others to attack him, or at least to wit . neas such an attack. There are some circumstances which favor audi a theory ; but so far as tbe circum stances in proof now go, they are not sufficient of them selves, without other proof, to warrant a findiog tbat it was so. The case, as to them, therefore, tolli) within tbe rule lud <*own in The People v?. Goodwin. (I Wheeler, orira. cons, above cited.) As was said by Mr Chief Justice Spencer in tha4 case, bo I am compelled to aay in this, "Tney may be innoccnt of the otf-nce;" 1 am equally bound to say that tbe proof, ns it now stands, would not justify conviction of Hyler, Lynn or Van Pelt. Tn?y must therefcre be admitted to ball. Aa regards Irvmg and Morri-se y , I must go still further, and say , that upon tbe teatimony, I am entiralv dear, tfcero is not only none on which a conviction can ae bad, hut tnst the ptoof did not warrant the finding of the innletment Whatever may have been tie errors or the !olliea of either Irving or Mornssey, it will not aaswer to s'low a rnec?<u;it so dangerous u> the Uoertf o( citize* as that of upholding aa indictment based on tes timony ao utterly insufficient, and while the Grand Jury, in tee proper discharge of its most re sporHble and important, duties wi'l always have ihe firm and steaoy support of this Court, the Court must with equal firmness and fidelity guar! the per sonal rights of the citizen against tbe consequences of ro dsngeroos a precedent as that ot sustain ing or favoring an Indictmsnt the finding of which is so utterly unwarranted by tbe proof. It only remain* to fix upon the amount of the bail to be given by the several parties. That of Irv ng having been already llxed by Xr. Jus tice Morrill, will remain unolsturbed Mcgrisscy must be admitted to bail in the sum of ten thousand dollars. Hyler, Lynn, and Van Pelt must be acmitted ;to bail in tbe sum of twenty thousand dollars each. Proper notice in each of the cases must he given to the District Attorney, of the persons proposed as oail, that he may Inquire 'into their sufficiency. As to the other two parties (Turn*r and Parirsne) who have applied for bail, it is only nece-sary to say that the application in their behalf must be aeuisd. THE H0XIC1DX OF JOHN O'NEtLL. Tin People w. Peter M. Lawsan. ? The prisoner in this case is charged with the murder of John O'Neill by stab bij'g him with a knife, on Sunday, the 17th of December last at 59 Washington street. Lawson is 29 years of age, a Dative of Sweden, and by occupation a sailor. The deceased was 2 A years of age and a nativnof lrelaud. Tbe Iiibtrict Attorney opened the case tor the prosecu tion, and called Hugh O'Neill, brother of tbe deceaiel. who pto?ed tbat at 3 o'clock on the 17th of December John O'Neill was perfectly sober. He died ot the 18th of December, between 12 and 1 o'clock. Peter Johcron, proprietor of the sailor.i' boardlng hous*. ?>y Wasnlngton street, deposed to the occurrence by which the deceased came to lus death; he wa* not solnr, nor was he drunk, at the time; the prisoner and deceased met and drank together; a conversation en sued between them, and they afterwarde he^aa'to argue ; they clinched one nuother; witneas could oot tsll who a truck drat; they took hold of each other by the shoul der: the expression ? "son of a b ? ." was need, but wiratss could not tell by whom: O'Neill shouted out he wat stabbed ? "tell my mother I am stabbed;'' witneas aaked what the fight was about, aua on turning tound saw deceased with both hands to nis side; Lawson was --.landing near <he noor and ran out; thiat was about three minute:) after O'Neill said b e was "tabbed, witness ?'id not Mee any knife and thought at first that It was a joko. Other witnesses were examined and the case was ad journed. Superior Court? Part ttooond. Before Hon. Judjte Campbell Mid a Jury IMPORTANT LN8VKA.NCE CAJK. Ainu. 17. ? Merritt, Blii* <? Co , ag iinnt th> ? Stuym* <nl Insurance Company ? Th! . wan an action brought by tbe plaintiffa, merchants in thii city, againat tbe de fendants, to recover the a am of $6,bQ0 on a police of insurance wbich tbe latter eOecled upon the plaintiff*' ? tuck of gooda, on th* 2d day of April, lSfil. then at Mj and Hi William street. Mr. Win. BIiim. counsel for th? plaintiffs, (with whom was ataocinted Mr Daniel Lord,) u opening tb?ca?e to the jury. stated that tbe plain tilTi. in order to k?*p pace witn tbe upward tide of emi gration tben going on ainoni; merchant! and bnmneta men >a this city, removed their buaioetf and mereba*. oiae to the comer of Broadway and I)ey atreet, on the 7th oay of February, 1802; and on tbe arnne day they applied to tbe defendant* fur a trvna et ot their policy oi insurance fr>m .'?<? ?nd 62 William atreet to tbe r new atoie coroer of Broadway and Dey ttreet, which the de f?o>;8Dt?, It w? < alleged conaenVd and agre*t to do. Tlie policy w*? loft wit* tLo company on the 10th of Kuhiuu-y, for them to write, at tbeir leUure, a formal tranafer thereon. Oa tbe VQdof March lSr.2, th* new ?tote ??ccupied by tbe plaintiff* *m -leatrnyed by Art, together with tn'eir stock of goods, involving them n a u.'n of about $1M) wo, which was nearly covered ay in ?? r?n<e in* cumpanie* in tbe city. >'nr tbe i>fe?ce. it wa? a<lmit?ed by M?s>?r?. Whittog, Clark and *eed, that an application wa? mace to tt>* rie fendanta to 4raosfeT the policy from William street to the corner of Broadway and Dey /.reat, but that, ap.a con?idet?tion if tbe application by .he company, it wan diacovered that owing to their bavin; other rak* in ttat fcair.e building, they must decline truosf-jn-fag tb# policy to the plaintiffs' new store, jnd ihe poller ? aa thereupon cancelled by tbe eecretary, and a return of the (roper prr portion of tbe premium for the unen ireil term ef the policy win paid b.iek to tbe plaintiff* ' In nu^li tbeir broker, and accepted oy th? m, thereby r^laafin^ Jiete feocanta from a l furtter liability oo'tbe poliey. At the conclusion of tbe teotitnooy for tbe blaictit'* Mr. Clark, on behalf of the defend* tit", nneed to<ii*miai the cr.mplalnt. on tb? ground that th? platatiS* had tailed to prove that tbe defendant* ev ir ir? jt*i! their stoek on the corner of Rroadwav and l>ev street: and alao that there was no written tranafe e xndot wi on tbe policy by which tbe defendant coulil 1< ? bald iiable. The Court overruled tbe motion ?o (Tiamiar aid Mr. Clark thereupon opened the dafetice. The, .tury being unable t? agree, wcee dachar**! by order of tbe iionrt We underatecd teat they etera eleven for tbe plaintiffb, -and one for the defendant. BrMaUjrn. city Intelligence. A'TRa- A fight cacurre.1 at ? rain* taut night 4t? Co lomoxaaarvet, -a ?4>ich on* cf tLe ;,artie, va< 'j*M ,r oaaly wounded, ke#n{ been atabbM twit* in th* u?'?nJ Mayor's Office-. OrwiOK OF THJI DlbTRlOf ATTORN &T ON T9B JOCW LIQUOR LAW. MAI OR WOODTOTHK DISTRICT ATTORKKT. Nkw York, April 18, I86f.. My Dka a t-iK; ? !'Imm infdrm me what will be the c:imu?l regulations affecting the Ml* of liquor u this rit v MtfT th* first ot May tiuiilaf, and until tha opera tion of tbt Prohibitory law ? and wbat evidence is re quired to '?force ihera At the aame tune please reply ?wbat will re the law governing the Sunday liquor tralbc until Jul ? 4, 1866. ^ ery respectfully j ouri, FERNANDO WOOD. A. Oakkt Hall, E?q.f District Attorney. TIIK P*THHT ATTVHXrt TO MATOlt WOOD. City and Cuvxtt or Nkw Yokk. > UrsTRfcT ATTOK.vav'n Omc*, April lb, 1865. / y v Cur Mil ? In answer to your inq xtrfea in note of jt'ilardar, 1 have tbe honor to state:? Ibe exuis* provisions of tbe revised Rt?tnt'? never ap plied to New York ei?y . (See section Vt of tit. ?, eo 2D, part 1 ) Cbarteici privileges subsUrtially regulated our txeise to tbe yfar 1824. Until the resent act, the ?laiutci of 1824, 1826 and 18.111, provided excise refula tious aod penalties. (Hoffman's Treatise od Power* of Coip. pp. a4 unrt 62.) By act* of 1824 and 1826, a pe culiar Beard of Excise was established to give licenses for sale of ilquor. They who were not " licensed a* aforesaid.'' or ' according to the provisions of the act hereby amended," and wbo aold in defiano* of that act were liable ro penalty and indictment. Tbe act of 1833 (p. 14) gavo to corporattsn ordinances which (-ovulated license ?, #to. . the effect of statutes, and raise 1 their in fraction io the grade of misdemeanors. In the abteace of prohibition, or of a license system, with penalties attached, the sal* of liquor is ire*. It ia tbe necessity ior tbe licenaa , coupled with the ability, if one to obtain license which creates to* excise offences. Selling liquor ? uu act lawful In itself ? becomes ui lawf til when It is transacted contrary to prescribed trims and regulations, and in the face ol declared penal ties of tne local Board ot Kxoiko. Section 26 of the lecent act (which section 1a now la force,) provide* that "no license to eell liquor, except aa herein provided, shall hereafter be granted." Therein piescrilxd do mode of liceus* uailer this exception until Muy 1st, (even if it be admitted that th* permit of sec tion ~ is a licence,) wheu the section 2d come* into effect. These two ; actions will constitute our excise law until July 4. when the entire prohibitory law become* opart five. 'i he penalties attached to setting'without tbe permit of section 2, are embraced by section* 1 and 4, not to be in loice until July. The penaltieu of our late excise lawn attach to tlie neglect to take out tlie old specific license, (see free 2 of 1824, and sec. 2 of 1825,) and they cannot be applied in plaae of the suspended penalties of the new act. It waa, perhapa, an omission in th* legislature, when founaing a new license, to give no immediate pe nalty. 1 suppose tbe confusion and defect To hare arisen through the change lroui the original reading of seotioa 26th, (winch gave tbe act effect May 1, and placed license and penalties in concurrent operation,) to tbe present reading, which throws the prombitton and po unity sections necessary to give vitality to section 2 into July, at.d this change was not material in respect to th* penalty under the State law, hut only as it affected the local excises cf New York city. You may well conceive that a naked abrogation of p'lot licfuses. ferry licenses, pedlar licensee, etc., etc., without a substitution of new ones, or, if substituting new ones, in no wise aiding them by penalty, would have tbe effect to make these privileges as free as by the common law they were before license regulated them. 1 am or opinion that as th* law will stand from May 1 to July 4, with tho old licenses expiring May 1, and no new ones permitted upon tli* old system, to which th* late pains and penalties attached, thes* latter are de funct. Until July 4 shall come, there exists oy law no prohibition against selling, and not until this date are the new and suitable penalties to be in force. Th* new permit of section V is yet bald and bestows no privileges. Tne ordinances of the Common Council operate upon the theory that the local license* can b* granted. They are incompatible with the new legislative'provisions, and mutt tall. (Soft, lieat. on Corp., pag* 43. Mayor T. Nichols, 4 Hill, 200.) Upon Sunday, th* Stat* law, whioh npplla* to New York city, prohibits the retail and sale of liquor on that day. A penalty is given. But this is a matter exclusively for the cojraiz'anc* cf th* Coiporatton Attorney. The new ordinance legardlng Sunday traffic Is so inseparably ccLnectec witn the license provisions, now - null and of no effect, that it la inoperative. The mi' esse ? clause, although said to take effect im mediately, la not operative until July 4, 'because not until then will the keeping of liquor b* in contravention ? of that o- of any other act.' With great respect, your obedient servant.. To Him Honor, tiik Mayor. A. OaKEY HALL. 11 A i OR WOOD AND THE CKOTON ? D&IMC8 FOR THE million. The Utter given below has been addressed to Mayor Wood by a citien of New York, showing the benefit that would be conferred on the community by providlnj eraiy hydrant in the city with a cup:? Massav Street, April 17, 1865. To tbe Honorable the Mayor of New York ? You as a Mayor, have done a great deal for the benefit of this largo community: but one thing you have neglected to U"? that i?, by nut i rvvidius pedestrian* with the water at lite? "Adam * ale." Vou have it in your power lo pu'. a crinluug cup ?t eveiy hydrant ?? *>?? city. a?, /unreel!, if ioui.1. tbe (treat* of this jrrest metropolis on Sao Lord's day, and )<<u cannot quench your tbint, not even with th* rure Croton. >ow, 1 crave a* a citiien, that you wonld *> Ml in your power to have cup* attached to every hydrant in tbecity fu ao doing yon uillonfer upon tbe pnbllo at large (especially tbe summer coming on) one ot tin creat >*t booas uian can have. A CITIZEN. SHORT WEIGHTS. We publish in to day's Herald a communication from Mr. John Balatead, regarding the charge brought agatast him by policeman Vermilyea, for telling with short weight*, which seems to be a plain, unvarnished stet* mtntof tbe whole transaction- Th* Mayor shonld be stow immediate attention on such matters Partiec,- It intoc*m. sutler by delay. A MISTAKE. Dr. Down*. No. 108 Grand street, who. it was stated in the papers some time ago, had broken his leg, was not so injured. I Tlit New Liquor Law? Its Bn toreement. [From tbe Albany Atl??, April 17.1 Tbit section ah all not apply to liquor, the ricbt to noil which, in this Mate, ia given by any law or treaty of ?rile United States ? Kew York Maine Lute. The " right to sail'' in \his State which i? given by the law* nnd treaties of the Unitea Stnter. extends to all Ibe merchandise ot foreign State* with whom we have trea ties of commerce In the case of Brown va. The State of Maryland, (12th Wheaton,; Chief Justice Marshall held that the ngbt to sell was incidental to the right to import, sim* that the right to import would be nugatory and void 11 the importer had nob a right to sell hi* good a. The right* of the foreign merchant are no longo* un der the sole protection of Congress and of tbe treaties of the general government, however, when having once been old, these good* hare entered into the general' pro perty of the country. If After the first sale ont of the hoods of the importer, they can be met by tax law*, and license laws aud regu lation* encli a* the States mat chjoee to impose. If the trainers of tbe Temperance bill had been ailent in regard to this particular exception, it would (till bavo- been operative of itself, by the f.-.rcc-eC a superior judicial decision In. however, intending to make special provi sion for it, they excepted, not &e sale* authorised bv tbe UniteU States laws and treaties, but the liquor*, af lowec to be told ? I. e. all tbe lt?jn?rs allowed to be im [iorted; and thie exemption being placed on the article, goes with it, in all it* forms. This defect, which arises out- of the erroneous use of language, may be remedied by ita correction: but there at* other exceptionable features in the recently passed | law, inseparable, perhaps, from a prohibitory system. The. Commissioner* ot Kmljrailoa. A meeting of the board waa held yesterday, present Verpianek (Chairman), Carrigan, Kelly, Purdy, Schwab, Kennedy ana Crabtree. After the minutes were read. Commissioner CXartrif: made a statement with reference to the new emigrant bill, recently parsed through the Legislature by the ef forts of tit Ten Governors. It appiax* tho Commis sioners are now compelled to support all foreigners who have been in tbe country for Itsn than Bve years, whether tbey arrive! at this port or not. The claim of the C< smiaaiuner* oa the Ten Gr tremors for native child ltd born ol foreign parents, oa Ward's Inland, wat nr.taiowsa by this new bill. Senator VVbitaey delivered hurself of a speech en tbi* subject, in which he denied 'bat these e.'.ildrm Tier* American citizen* nntil thty *ero twenty < ue jtars cf see. Mr. Crabtroe did all hw couiJ to have justice don* tbe cc Amission, but tbe Ten Governors w":,o are ? excellent '* ;ms with the i<egi*!n tnieeirce the Iste fxilic, ontlobti*' him. CosamiMioter KKN!txi>r oOete-1 the following reaolu tioi, which wst taierrtd to tbe Coram?*'?e on Marine Hospital:? Beetirec, That la all eves w^ere tho officer* of ? ship sha'l net permit a thorough e initiation of p??~ecgers on hoarr iy tbe vxamineis dalv costKisfticned by ihis Board while' at Quarantine. apecial ounds shall !?? re quire! -or all ^laeengeT* s< restrteied irom bei^g ?\ asr'nert. Tbe Board saen after adjourned . NrtiBEV OP rKWONS? MLltm BT THS COM M'SKON r!?K OfC. Sl.-tT, 1M4, TO Ul*T MARCH, 1335. Tctal numVt relieved 01 ,UT.? tUlievnd 32.4^ at a c?4ot *1.1,291 Ufi Fotwarfed :! s."? " ;;0,779 !>4 I.odgsd r,4t?tis * 17,?:tl .V> Totals 91.1276 S61.601 47 Ibei-o Hgurt ? do tN include the :;.6C0 jupporte<i on B'?ck'#?>l * lalinc. nor tne immigrants patl for in the county Pcor Hcu?s. WJIJU Sr*MAHT. A" ja emigrant* tfTired to. date

To. same :at? 'sstjeat rversnne tol? retr 1 a Waid's Island Hostital Btfige dtp iflmtnt Agnregat- ee?V* t0 $81,171 49 B >ance in bauk oa Jan. 1st IS&:? 61.102 46 Totil ?l?.7?.i 9ft ihaburet meats glW.fHO 34 Qmdchftia.hMk... IM,fH 11,91V. ^;,2si W.31S 1,381 l,6ol 2,r.9 CM y Improve wenU ? EXTSKSIOIf OP PAKK FLACK THKO*?BT TBE OS 0V.ND3 or COLl'MBIA. OOUML Amocg tii(/ iuproTaoMBta i f oar cHy M* being car ried on down town, tkm if none of mora importance thaa the conaeotfoa of Park place and Robiaaon street, through th? gronnds of (Mnbia College. While the opening end connection ef the-e atreeta may perbapa ad vance the meroactllo interest* of pur ci'j? while tt may elevate the worth of real estate apoa these street*, yet It i? a tad reflection that' this hnprovemeot mast bo made at the expenae of dcaoeratias and utterly deatry lag one of the most hallowed apota of oar oetropolia. Colombia College ia oae of the otdest inatlfcitioas of loam lag, not only ia oar State, but ia oar iTaioa. I wea chartered by an En^ii'h meorarolk long beft>re the Auaricnn Kejiublic cam* into e:vstence. It wab' estab lished when the city haC not extwdod Ma llmita beyond St. Paul'* Church, and from that tint* Ml Bow it has continued on it* conrae of asefulnes ? aad proapaeity, year after year, giving to our country ii tteHi genceauri intellectual wor:*i to adcrtfitr history. The name* most prominent to our ceantry'a snails are associated with Colombia Coilege am their Alma MiVcr. Jcbn Jot, Aaron Burr, Alex. ,a<;?r H^mftton, and a i tng array oi men whose fame has filled 'the worll a *r? trained in old Columbia, and *tten trM the greeu wh.'cb is now yielding to the pielusxc-aad stoTOt, aad cifappeia uf ttfpid'y. There wan aometbiag of a which took place b. * tween the eJb tiivndsof Columbia College and the frleatdl of opening t> atieot*, before ih qu*?tior\ wua decidm)' and the laborers ordered to worV It w?* finally decided againxt the iiemrr, and one b;*eoe all hopea-of saving the old Col'.eye green expired and werff given up. Sonoe six week* ago the workmen commenced their labor* of on. -v tag tbe street; which ' at* now more iImu fiaif completed, ii* connection of tbe sueet extends directly through tb? middle of the college ground, leaving ?? high *mbaukm< it ou eaob side. Tn# excavation on tl.a west side of the green, nfxt to Ho binson street, is about twenty ftjf deep, and oa (toe *a?t aide, next to Park puce. sbout live feet, the wicth of the gr.?*n front ?troet to- street is about ftve hundred feet, making, when the strait is cociiMeted. a grade of about tea or fi'teen feet v.ttbin tai? dUtanen ?, aoout the same grade u* in Baruiay aireet between C??< lege piece ami Church street. The work of ??xeava*i? ? was c mmenceo on the Kobinson street wide, a no tan now been carried through .-.nmething over two hundred left, near I) to the ini'lols of the green and half way t* Park place. Tbe oirt is carried of, an.! oh t of it damp ed upon the Battery. The width of the street i* to be. from store to more oa each side, only about *cvOnty ftet; ju?t the width of Kobinson street, and about ,T?en ty feet narrower than Park place. Ibis improvement when finished, will give another street to the city, that will rank among the first' in \ mercantile wealth. The property upon thin street mil lie very valuable, and already mont of it, if not all, has been bought ut> from the Corporation of the College, at a good price. The lot on the corner of Church htreet has been bought by Wilson U. Bunt, Esq , and uyon this he designs erecting one of the finest buttdlogs dorm, town. This lot, projecting twenty feet beyond Pii?k place, hu* a front of this width looking on Broadwcy, and in this is well calculated for the erection of a magnificent building such as Mr. Hunt intends putt er up There will be other buildings of a fine doscriptii.r > erected when the street ia finished, which will be per haps some time in May neat. Tfce Mm Department, The Committee on the Fire Department of the Board of Aldermen met last evening. A complaint waa mado against Engine Company No. 44 for running on tt*o sidwraik. John Urojott appeared and stated that . .he bad dinrgeof the jumper at the time; that he 4as alon?, and the street was covered with snow. TJbe charge waa dicmiaaed. Hope Company No. 9 was also complained againat for running on the aidewal!:. Mr. Sidney Smith appeared and admitted that be had charge at the time, and that the charge was true. Decision reserved. The Committee reported to suipendJohn D. Lent, of , Hose Company No. 2, for two months, for running on ? the sidewalk. The Committee reported to suspend the following mem ber* of Hose Company No. 47, for an assault committed on Hose Company No 29:-.!ohn Hanner, Jacob M. H?n* oer, Jacob H. Millar. John B. Cooper, Morri* W. RoaertSi Samuel F.Sherwood, JohaQuigg, lhomas Smith, Ueo Needbam, Lewib B. Place, Patrick Brown, Win. J. Mur phv, Cha*. F. Patten and Coraeliu* Kice. i lira committee then considered a memorial from En gine Co. No. 88, complaining that the Chief Kngin-*r had related to comply with the following resolution, viz.:? ?Beiotved, That Engine Co. No. ?S have norm Union to do duty with tha engine formurly used by Kagiae Co. No. 18, a< sooa ?s d?llvar?d to the Cliisf Eiminocr by Hn?iiio C'ompanv li, who now have porsou ion of (aid enxlae. ImoMiii E. Eeq appeared befor* the committee ana stated that he ? w.iM?r of En gine Co. No. 83, and requested tbe committee to direct Mr. Carson to comply with the resolution. Mr. T. atttea in substance, that be considered it one of tbe first prin ciplea of a republican government that an officer, whose duly it waa to promote anbordmation, should be the first to eat an example, by obeying tbe laws himaalf ? he insisted that in tbia Instance Mr. Car son had, by refusing to oo tapir with thia resolution of tbeCemmon Oouncil, asauiacd a moat unpardonable re spoaaibily. That while we imported French fashions, we should not import Fttneh laws; we wanted no Ameri can autocrat* here This assuming reaponstbiltty was a great errcr, and ettirely inoonsi tent with tbe principles of our government. He requested tbe committee to ia atruet Mr. Carson to deliver up the engine. l?r. Carson said that he had nothing to say; that he had nude a communication to the Common Council on the matter, explain ng bin. .reasons for not giving the eDgine to Company No. 83. 'Jhe communication in (juestion waa read by the clerk, in which Mr Carson state, 1 that be did not consider it advisable to deliver tbe engine to No. 33, as it wa* wanted down town, and that No. 33 had an engine good enough for their diatrict; but if the Common Couaoil still wished lilm to give the engine to No. 33, that he wruld do so. Mr. Tom LIK80X said that that was not the proper courae to pursue. That Mr. Carson should first bave obeyed the resolution and then made his communication. Mr. Carhon wal l that certain chargea were male in the memorial "which he ooc3idere4 untrue, ana wished to have piovnd. lie referred to a letter which it wae btatrd that be bad received from the Mayor, directing him to comply with tbe reeoluti?n. He said that ho hsd received no such letter, bat that he had received a letter on the subjtct, which he produced, aad wuich was read by the Clark. The following is a copy of the letter referred to: ? Vmoi's lienor, April 6, 185.1. Alkbi d Caason, Ks?i., Cxiar Xnoiwraa NkwYoik Fir* UkPARTH ??t: ? Dear 8ib ? A resolution was passed by the Common Conasii, and approved by me, giving permission to Enc'ie Company No ."J? to use the enuine formerly belonging to I k ginu Company Nu. 18. aud lately ased by N? 14. You v ill plsare reply what ol-jrct.oas there are to otrrying out eke said resolution. Very reapeottaily yonrs, F. WOOD, Mayo.e P. St.? I should mysslt, nadsr a# eironmstanoos, dlsob?y a ttseluiion ol tbe Common Conaefl. Mr. roMUMMo.v cirectod tha Chief 'a attention to "jho P.. S., nni said tbat If he could not understand- it, b? would endeavor to translate it for him, which be did, by informing Mr. Carson tbat It meant that he ,'the ' Mavor,) considered that the resolution directed hia t> ileHver the engine la question to Company No. 33, and that be wa* bound loco it. Tbe Chikf replied that he did not think so? that ho had since given the Mayor a copy of tbe commiinicat oa he bad made to tbe Common Council, amd tbat tbe Mayor had advised b!m to- allow the engine tc remain where she wa*. On* e< the reporters hero requester of Mr. Carson a copy of ft* second lettei, bat be *?Uk that the ioMtrncions w*r? verbal ? he had ao letter. Mr TOMU.xeox ssmI tbat, even if the Mayor Nul told Mr Carson to rttMbey the resolution, tbat be (the May er,) ncr any officer of the Cinmon Council had a right to nisobey a resolution of tbe Co tumor. -ConnoH. 1 be case was liere adjourned for future eons deration. A ccmplsln'o of Kngki* Company No. 44 agaicitt Kocin > . Company No IT, for assault, ih consioert*; and ad jnnrned, in order to notify witnesses. * 'lhe Coscmi'tee ieporled to coamir with tfwo 3osrd <A Councilman to reaciad the resolation to purokate a lot tor EDgine Company No. 3t. The complaint of Engine Company So iH agalast HosoCom^anv No? '20, 1ot .efus nir to supply them rith water, was d.smiaaed, tlm comple inants fsiKnc to appear. Acjontned to int ou Wedntxlay evening next. The 'ocnwii crowded with fireiaeo, wbo sestned to 'felnk tbat Kntino f owipany N'e. 33 tad been aggrieved, and several tirr.e . evtoced s deposition to ap^inud Mr. Totn linron dnrioir his remark*, but were ? *ry prsperiy checked by Alderman Howari, thaC'Uaiman. Tb*atrM oiiAKxhlbtrwi*. n? ?aii? a-v Tmiathk.? Mr. F?rreat I* to r?pr*?*nt bia sreai character of Vinlii thl* tcxiiM. in *beridao KnxwU*' bietnnral trare>ly r4 that name. Mc-nra. Conwaa, lliacbett. M/aa ReynoMa tin * Mr*. Ahtatt will aittala ?h? "titer leaOlbg part* 'lli? tloeinf pier ? of the efwin; will l>? tie laughal.le farce of " foor r(lllc< Jay. " Rom m* Tw? atrv -H* ?r?nd roiljtary le?ti<ral in cam ?tmorattoa of 'hi Battle ?f Lexlagtoa ?.?Ib;t for the >?ne fltof Ba.ior JoIid Crtwlt.i ia t? comvoff thia orenlna Tha Ifadiop re'nntcera on t'aia ocoaaloa >r? M?^at> nrotiihitn. 1 Kddy.T. H Johnston. Mr* Eddy and t>o.l?or?h> tntf Mili tary Hraaa lland There are ?ra f r?fnt |>rfl?td?d. t afather with unilnit, dan> in* and inatramuatal pertermm. m l.?t ] the *!>r h:i*e a hunr*. i Bi fms'i Tin athw.? Th? im w fire net nla? "ntitled " 4a?ft I'rlde ' * hioi ha? p>?va*l hu !i a -tacidd hit. ia t? be rt)eatcd thia e?eeia?. Bnr?>nani Mm. flaVer parw.n atinf the principal aharacter* The f:<r*?ai' ' *nr? Hlon 1 d<r* than One,'* in vrhich Mr. Ball will appear, r ill alto be performed M'ai i.\r?'a T?i? ?rn ? ?Tit* iti'comfol Iramatu' tk'tck ?.f the "Sfau I r?joa?r." and O Keefa a edi-braied (vvmady "t '"Wrd ???ta, " ara tha i*rtaa pr^rJ.Jad thi? ??en by tsaaater Wallaak. Tha enfera company la iaelndet) ?a the tiara. Ami ?iran Mi 1 Tha romaakic Irataa of tt.e "F1-. ? la? Hutf titoaa ' trill be repeat i d thia erenia?, win tb? aanal ia?t. Twoetantlur plactaaill ba men Ik the attaraonn Woon'a Mimrari.a.? Thia popular enapiny anaounra j ret t ral ot tlieir baat feat area tor thia creamy Bt cklei ' (HiainaM.-TM grand btirlaaaia opera if "Somnaiaba'a" irtll I* leptaltd to nlaht. *lth the two prl U3ft r1 j n iHk <? Pi iniai i Rair'-otTt. Ot>b*a Bm -r -Thi bill of amnaMB'-ut for thia aveaiBit it of a vary attract;? ehirac?.r. I COMF1 '.MBNTABt B? WBliT to 0. h. U oat. a v.? Phi* n*a* affair will eaata off lo??rraw *?e*ln? Bfcptite MAti.. ? 'nith a naerlac ptauui ot' Cnripe W? IUO. Dedication of a Hew IHnylfcl ? Urge com pun j UMinbM yesterday to wltam ths inauguration of a new bosplta' buHdtag, wee ted on th* ?it* of the old no arias dspartmeut of the Me* York Hos pital, which was sttha'ed back (rrn Broad my, en Cum street. It is fenr atoriei hlgV and i* built cf Jersey blue atone, in ths plain Doric styla. The interior arrangements of the building are evsrytning that ooul<l le dsslred. The waidi are large, roomy, and veil light ed. The ventilation of the building is ezeent>nt. The oold air paui) in through a shaft into eight heated cbambera la the basement, wbch communicates with the waids on the floors above. These chambers are ailed with coils ef pipe filled with steam generated from a Miler situated outside the building. As the hwfct is ra diated from the pipe* it is carried' up by flues and1 enter* the wards by ventilators. The object is to carry up a large amount ef moderately warm air instead of n'stnUl quantity of intensely heated sir. a? this latter merited has been f< und to be most iojuriotu to health. The temperature will be sixty- five Degrees during the winter season. The other sanltory and hygienic arrangements are very perfect, and will render the spread of in'eet'ons diseases Hereafter tapoisible. There is one defeat, how ever, wbich is the use of woodes atairease-i They are built of Georgia pine, a substance tbat makes very ea cellent floeneg, bnt is very inflammable, and therefor# dangerous in case of Sr?. l'he water tlo'etn, bath room*, b?ds, 4c., art eo constructed that it is impossible lor vermin to accumulate. The total co.<t of the building wax $10c.000. This building was cnmtnenced in April. 1843, and has been built by contrilntiois from our benevolent eiti 7?as. James 1 tno* contributed . 000 and Joseph Sawi'ison $10,0fl0, and the reaidue was'furnrshed in sum* vary in* from $2/(10 to $50. Amen,; the donor* we no tice the name of George 1-nw, who furnished $1,000, George T. Trimble, John A. Stevens, George New oold, Gulhin C. Verplauck, James Donaldson, and William U. Belated. were the committee under whose supervision iile building was constructed. After the company had examined tbe Interior arrange ments of tbe building, tbey were invited into tbe lecture | room to listen to an address from Dr. Joseph Vf. Hmith, who orcuplen an hour in delivering an interesting dis course on the numerous surgical and medical discoveries matte by the emit >nt physicians connected with the New York Hcspltal. )fe-trac?d tbe bistoiy of hospitals from the earliest period. Tbe ancients had no institutions worthy that name. Tbey vers the product of modern phil&ntaropy, and tj Howard, more than any other man, ts due ths im provwnent manifested la tills important matter. Form erly b6tpital* were tbe centres of infections diseases, (rem otvi crowding and lack of proper ventilation. Tbe Doctor here went into a minute and Interesting ntate ment of ths causes of infection spreading In hospitals. It was due, he thought, to the exhalations from the luugs and nkia; r.nd the conseqcent superabundance of car bonic acid gas and minats saimal particle* In the air, whim are deleterious to b?alth and provocative of dls ?She Byttt ssr itorv and hygienic arrangements of th? New York Hospital, there is no danger in future of ai?y infections dise?.?e spreading. The utatistice of t^e amounts if oflete matter thrown off the system are curious. The average amount exhalail from the lungs and sUa of a healthy ad nit, in twenty lour hours, la about foitr ounces, and of this qua nttty about ten consist of airi m?l matter. If the number of patients in a building r.o 200, then thyamount of po'.oouory and cutaneous ex halations wiW be in one day, 6ftrl pounds and 8 ouno?s; la thirty days, 20,000 poo mi*, and in a year, 248,3*4' pounds. Af+er giving brief history of the hospital, Dr. Smith coacliioen by delivering brief and ta'-rited eulogies or ? the practitioners whose names and fame were identified' with the history of the Mew York Hospital. The company then separated. Plallcc Intelligence. MSOOVS'RY A?? AKM8T 07 A BAUD OF ALLEGKD ? COUNTiRFRITlRS? WZCM* OF A LARGE AMOUNT OF FFUBIOF3 BILLS? CA3C8 OF A1.LKOEI) RWtN III Hill Wl riRATIMO- LABCKNT AND KM BUZ Z1 . f MKNT? ESVAni OF A PRIBONBR FROM A STATION MM- CHARM OF HO? STEALING, AM) TAKING WOMXN TO BSV8K8 OF ILL KAMA. Yesterday sergeant Martin a-jd oflicer Ross, of the Se cond District Police Court, a^eeeeded m ferreting out a J nest of alleged counterfeiters and taking them into cus- j tody before the "spurious" had Item put Into circula tion. There officers rese'ved Information, a few days ago. tkat a persea aamed John S. Good waa about to leave Philadelphia fortbis city, having: in his possession a lot of counterfeit five dollar btlls on the Chemical Rank of ttiis city, with tbe intentiOof Hooding the commu nity with the hegtis. They according* were on the look out for the individual, sad yesterday succeeded in taking him into custody. Ou ?akin if Htm to the s'ation jfrus?* the prisoner was search;*), and in his possession was found a number of these cooaterfeit bills, which are 0? mn&tsz at tint deceived as to the character of tbe paper. As tbe master is an important ose>fer the attention of the public, we give a minute description' ef it, as follows: ? 000000000000000-0 9-0009000000 e - o o . St.hb ft r {J Wa Swraitn by n 0 N*W flMK. 0 WO" 1?"*- PUtlHIkOKO 1 o%?o?A???o ? I ? ; o a fitting o 9 - 0 o posture, o ? ? o with th? o a; ocormicepiao s Pt,iuc 0 ? '.ST f ? Stocks, o o isR inn. o ? OJOOOOO ? o oe a 9.0 CO o c. o o ? ? TUB CHKMTCAL BANK o 0 ? ? !r.. 7?- w n w,u P*y dollars on demand to o o ? the heaver. ?? O o?? o 9 0 0 9 Nasa Vowc, March 1, 18M. o o O o ? ^ ? .?^? P ? o J Q. JONF.S. Pm'ti ? o ? o J. a Dbnitt, Caahisr. o o o ?o o o ? From information recalled Iroom 3ood, the officers pro ceedtd to tbe house of two women named Ellen Tag*rt and Arvoo Boyle, Ho. 42 Baxter (late Oaange) street, who, according toOoo<l'* ntorv, were to put the atoll in circulation, and were to be tbe agents for the umg in thia oity. Here theHe *<rm?n were arreted, and in tbcir posresaiou was found a large amount of the coun terfeit meney, who had just received it from Good, and were about circulating it throughout tbe eity ant the suburb* A woman uaried Catharine Thonp-on was alio taken into custody oj chnr?e of having attempted to poia on* of tbe ''flTes.'-' This woman, it ia sup posed, came f?>m Philadelphia to aid flood in disposing ol tbo "queer " From t'.io parties alr?rwly arrested the ofiijers 'earned that ona Ds.n<>y O'Maia, alias Captain of the Spriug street liaunda, bad in his possession a quantity of the countf.-fett money. They immediately repaired tatle bouse of ?he women Tnyat"; and Boyle, in Baxier street, where they cnacealed tbem.-teive* and waited for the expect antral of Dandy. They wert successful hi their expedition, as Mr. ?)'lfara soon madc> bis appearance at tbe cIA nu>.?rters, when he waa imme diately aritst'd and branght to tha Pecood District Pc lic' Tour; In his poemeaiotk waa found about $201 of counterfeit money nmtnf the biUa. on various banks, cf denominations ranging . from one to firw. AU the prK sonars were locked up for examination bv order of th? magistrate, wbo intends fc# fully investigate tbe eaee and punish all those wbonaay be engaged in the circu lation and getting up of there counter reits. An alleged river tblef -named Thomas Slieppsrd, c :|?m Howard, was taken into caatody by o rawer Dnrand. of A m Pecond- ward policcv okargeil with having on At night ef the lflth inetaot, in aompanv with otlar*. stolen a bale of cottaw, valued at #50. from pier No. 30 Fast river, where it had keen left for lading. Tbe pro perly was recovered' at a juuk ahop in Rurl'ng alip, where It bad been sold for a tr.He. The prisoner was at. remitted to priso?by Justice 2ogart . On Tuesday evening the Seventh war<l poliee arrested a woirau named Aju Davia. for assault and batti-ry upon the person o4. Hwan Newraaa. Tbe accused, in stead *f bting Jocied arp in tho prison, aa in tbe caae of ell others arrested fom misdemeanors, was, through the kindheartedness J eae of tirs Lieutenants, pt ?-ed in a rooa? above the .itatton liousa, fr>?a which hbe laanatretj to make b*r ssc'.pe, either by getting out of the window ?r quietly slipp; a? down stairs. A young manaNsed Tbr.mas ?orns was airmittd tea teriisy by officer-Lee*, of the Lower Police Court. 'char j iistl with havlnt committed a seties embS7.ileia*ot* np?n ?u * employer, Mr. Williar>Bnhier, of 169 Chit bam street. Tlie accused, denies Jhe citarge. wa< toanght hefere Justice Cor nelly, at tbe Tomba, who held him for ex noainatlo*. Sergeant lisnfrld, of the Lewsr Poliee >?urt, arrasted a iran nan ?ei Charle- 'Jkfden, cbunre.i wish heinr ? pro em er (or a irons* of a1 fame The complaint la mvle against tbe scriifd by a O. man girl coaiad M*ry Mink, who ?!Vgee ths! tbe accused brought her totU- bnn?e No- * Var'ck street, anl introduced bee to the ia*Ma<!y, m<d that ;?r tbe serslce* iaa<l*r<-d aba paid him 13. Tho t.rUcnsr was biouibt b?'ore Justus Connolly, at the Tombs. wbo held h/na to uMwtr in Me sum of IA0Q Sail. Wl/l srs H. Wat. .on, a iome<tin la the employ of John 51. Praiiior-1., of Uarmaaaville. wis taksn into custely, i ehsrtec with t-tsa ing about -vorth of preperty from kis emplojer ".he gewi* alagaU' to have been stolen ? ere recovered by Ike officers. Watson waa taken to 1 tbe Police Ooctt. and committei. far examination. Joseph 8te*e:t pre'errel ? complaint, a few days *g<v bsfsre JustVas Connolly, agaiaet P. kMJill, of Fn'too strsat, 'or awmdllng hiH out o( S200. hy selling b:m a teal ??t*ta deed of a? value The compla;n?at ^lal?s that on the l?t of March, 1W4, he purrlu ed a lotorians, ?.tna:ed ia Henry county, lUinole, from tho "efendaat. aui paid him fee tbe same th? sum of $a?0. Tbst u?on 'nis going out Weat to nettle upon the pw> p*rtj, do fornd. to hia a?i?niehmot, that the Iab-I was ?1**?''7 ??> the pogtessWn of other pnrUa<, wbo allied taat Mrisfll ba<l no light or title to the property This ia the tecond complaint made against MrUtlLf >r salliajr'land in lll.ee1 a to parties hero, in thia eity, wi'hout hs mu se < mia ?? r ;al? rpon the noyortv . A wMrant wa < is fcr M:G' Ts atrtrt, a ad placed ia tta hands of "?? err Horiifac fer oseentioa. Loat, th? cTicer auteeeced in err<iatiaf the mc?m?, Whs vm t'l b; tttt Thaiwltr Storm. THE ?J7K OF YB&TKXBAY? TOBY DABS HOOB? tA MA0? BT LIUHTNIHO ? OBKAT rALL Or HAIL, AC.? oocrajiriow or v*>rs. Tester!*/, about neon, tlie Ihtidi became suddenly obscured, And d.vrkneea eovwred the 'ioc ?( the eity. Tk? gas hud to be lit m the office*, boaks acd atorea, am It wax impos/dhle trrn to read or transact any buaiataa, ar great vaa the obecwration. Men paamd their beet frieada at noonday without knowing than, and debtor* were aa d*r no necessity of slipping aaide to atoid tbeir eredi t?Tr?. The darkness wassoon folic wed bj tha routtenn* ?>t thundar in the west, and aooa a dreneMng rain atom fell upon the city, aceotwpanied by vivid Akahea of light nkwg and deafening peals of thunder. TMl continued for an hour, when the sua afaln alione out ia a clear sky. April fully 'sAintaina her reputitioa for capri ctox. net a. The CalTary Church buttding (EpUcOptl)* in Ftw, stieet, between Naarau urd Concord atreeta, Brooklyn was struct by llghtnlnsybstwday during the- ahover The atioke entered th? roof, near the cupola. tt4 tearing up tha due extended down the interior o.' the haildiag into the basement, ahi\?ring '.a Iti count* wme *eiea of timber, Afid ripping the piaster fiom the w*tU. "Tha da mage 1* ccaslderable. Tliofe wtio were astronemicaliy inclined rrm* tirere d last nigh*, with an excelleat view of the eclifww of Yean* by the moon, "lleperus that M the ttarr? hjwts" waa for a tiaie obscureo und Idst in the noon's pale beama, but shortly came f jrtb- clothed in ita u?>l brilliancy. Clieae occuitatkwia, o.- eclipses of atari, are, by the way, of rery frequent <vonr??nce. IndMd, every i itar within 1)79 degrees of tho ecliptic ia one* at leant i in eighteen and uhalf yearn ob?c?wd by the -ansa im ' terpoi lug herseif between it a oi the earth, a * it taken that period for tile moon to perform a com plate levola Men In her noOei. Thus, all the twelve star* of' th* mediae? Cancer, libra, (>?mini, 'ii. ? undergo a par UaJ nt total occultation. A singular cire-jmstance often aotfred in tbetJealta tntion of ntara, o scarred last night. When the mow a fproached Venus, Instead of an innt&nt of centai t, fol lowed by an apparent obliteration o: the atar, the letter, iif t?*r leaving the edge, passed, aa it were, on th* nur (*??? of the moon nearest the earth. Thu, however, continued but a lewseconla This ii-c*uned ?IO* sup posed, by the atmosphere of the mono, which, while ft redacts toe rays of thcftin, ia sufficiently* allow the atar to shine through it. The** occupations must not be conrnttaded with wbat ? re termed transits These occur whon Venua and Mer cury pass between tb;' oarth and the sen, and across tha surface sf the latter. It may, perhap*, interest some of our readers to know thrvt the next trmaH of Mercury will be on Nov. 11, 1881; and of Venue, on i?ec. 8, 1874. There was quite a crowd along Broadway last night, looking at the s'ght. Tie parepathetic philosopher, with the hu?e tiletcope, reaped a rich harvest from the six penny iieSronomers who pntrenited him. '?ne enthuai aatic gentfrman, after flattening hi* eyeball againat tho tell scope, trying to stare right through the moon ana. at the mining atar, at length withdrew ia disgust, sat isfied tfc? whole thing waa ? humbug. Tli* night oaa tinues, ar the time of writing, clear and bright. TEL K GRAPHIC. CoHBTNtT., N. Y., April 18, 1855. A territte hail storm vit Itad- as this morning, and did much damage. Many of the ? tones measured nearly nlneinchei-in eircumferenso-, and weighed about eight OUBCOK. Bbock t our, N. V., April' IB, 185'?. We had a tremendous hci*- sterm here this morning, daring which hailstones fell 'weighing from two to foar Minces each, aid tome measuring seven inches in cir ouinfeience. Ct was aa dark an night during the preva lence of the torm, which l&aftsd' ten or fifteen minute*. Much damage was done to windows, &c. Rtoawn, April- 18, 1865. At this pjtat, we had thunder, lightning and rain oulj. SnMcvsE, April 18, 1855. We were vlcited with a rery thunder atom thin morning, tho ruin falling copinnaly, Accompanied with hall, tome of' the hailstones that (ell were nearly aa inofl in uiawotsr. rhifto*, April 18, 1856. This evening we were visited the flrA thunder ihower of the jeason Halts or Rral Enlate. OUR HALF A JHiLlON OK DU1 UAVM WORTH OCIHUI). Albert H. Nicolay, Messrs. Hater and Weeks, and Intnes U. Miller and Company, snctfanenre, held sales ef ?m! -* *S? whloO were very well ottrnded and the bidding waa so spirited and sharp that it would appear as-tf that desarlpWen ef property were Ubely to remain nt ?> hig^ Qgtare. We sake a report ot the location cf-tho properties, the bid t'.rags, general spirit of the sale . and oet oaah result < In each ease for the information of parties imsandit tdy concerned in oach transactions to whose It maat b< > an nually Interesting at this partloulac moment. Mr. Nicolay flint offered, hy order ?t Austen Ml taon, aseignce, a focr years' lease of three lets situate ? n tho northwest corner of Eaat and Delaoey streets, te| (ethar Tith the builcingn thereen, knewn as the " ForMf n Salt Company's Woritf." Number -*is leased new, I t 9160 pee annum ; number 22 (with three story build ng) ie subject to a rtousd rent of $1 "9 per annum; ant lher 14 (?with three H'.esy building) is sub>ect to a ground rent ef 9CC0 per annum. An alley way, eight feet in length, opens on ktat street. The prarchaear to pay* tea per cent on his hid immediately, icd the balance! (n May, lad the auctioneers fees after ?aJe. The bidding for this proparty was sharp. It wan started at 81,0(0, and ran up nulokly, by 92 i and 96* ?nils, to 91.8C9, $2,275, 93,I90i, 93,626, 18, 'J >0. and 54 COO. Hem there waa a serious pause, when a gentleman in Ihe crowd anaociDceri that tl.e ectate was subject to -. mortgage of 91, MO. This had not he*n mentioned before, aa, owing to a reec nt iinlia positlon, '.tr. Nicolay was not aware of the fact, ' but on reference to the auctioneer's book of ina Auc tions it was found to be true. Bidding* were again set on afttr falling back to *1,060, and were continued from this paint op to 93,676 with- rapidity. Mr. Harrington was declared tb? purchaser. A lot of ground hi Mount Vfernon village, <same pre perty.) cm hundred feet flee inches by one hund red fret, situated on Ninth aveaoa. between Sixth and Seventh streets, and nesr the railroad depot, waa tnea told to Mr. Harrington at his flrat bid of 9100. Mr. Nicolay then offered the three story briek atom, dwelling house and lot, known as No 123 WllleOab eet. 1 he home is eighteen feet niae inches by forty fnet e ight inches, witn thirteen room*. Bants for 940b. ~,gfc?igh tecn feat nine inches by soveatefive feat 92, CM tn re main on bond and mortgage. Title perfect. There was no bid given for this property, tad ft wv> consequently paaeed over. A lot of ground situate en the west side of i'ixU , ave nue. adjoining corner of 132d street, was nc*A,?tf fered; lot 2.? by 100 feet. It was sold quickly for 9406. Th? same auctioneer then set np, at the i&afetnceoC William V. Le Count, executor, forty -seven value' Die lota and gores, situate In the Nineteenth wan:,ahf,ut the ci.ntre of Yorkville, in erder t? close the estate of John B. Le Count, deceased. The. terms of aale rem : ? .10 per cot and auctioneer'* fees on. day of sale; 3>pei cent no 19th May, 1866, when warrantee deeds will bo 4 elivered; 40 per cent osn rema n on bend and morijnge for three \??rs, at 7 per rent. Title perfect, to be w /eyed fme of all incumbrances. This property att?tat? d a large number of bidders. The majority of them wew , evidently wixhlng to purcbaso with a view to a sottW men > on it, snd but few fanciers or speculators sppaur* a. Tho fol lowing results were obtained : ? l ot No. 13. 26x102.2, fronting on Kif-l?4y- fifth street, and within one hundred feet of tha ?e :?a<| avenue, wae started at 9 too, and ran up, by 95, 910, and 920 bids, to $t 60, ai which price it was aold to Mr. J. '0. Henderson. This gentleman took lote Noa. 11,12 rm> 1 3, at the aanse price. I ot No. 10, >ajne size wae taken bjt ?. Henderson at 9?00 1x4 No. 9, no from 96(0 (slowly) ap? to 9?I0, when it was aold to ih. A. Ireland. Lot No. 8. i. ro ught 9680 from Mn JE. CoMello, an t lot No. 7, 9660 Irom Mr. James Malms. i.ot No. 27, fronting on Bacond- a' sent*, 25x100 was started at a little under 9900, and ran rapidly up to 91,650. Mere there was a paute, >?? it it crept on by 95 r.?d 910 up to 91,605. ?hen U wv s'.ld to ?lr William flrary. Mr Geary took H No 21. also, at 91,875. The?? lots are near the railroad - depot Tbfso were the fcigboet prie?? ? bratoe^. All the rre p?rty nas sold, the Wits ranging it 9600. 9880, 91,161 and 9*0, according to location '?t?1 dimension^ 1*1 No ;'4, situate on Thirty- fifth in i eet an J Secoo-i tveaue, 2f>x43.(J{, waa cold for 9446 to Mr J. S. l.nekey. These smaller l^ta m <etly ran op from 92H0U 94*0. and a little over 9606. Raker and Week* told a corner lot front. eg on S*cont a?fone at Thlrty.flfth street, 24.8'4xl00. for 92?f?); another etrner lot. fronting osfloeomi avonueat ftirtj fourth street, for 92,879; and tho six inteime<li*te lots, all aamo.aiza. for 92,486, (four; 99,.~>f0 and 92,47S. lour lots frooMng on T? ?th svenne, near Thirty - <our?h street? 24 '9 by 100-^eld for 9- .000, (toriur, 92,400, (opposite cornet) and 92.400 for tha two eentee ones. The bidding was quick, but the sal* wae noon %d jeumcd. Jam? .< M. Mdler k Co soM? ^oute cad lot corner 24th at. and let a*., tt*90. 9^,175 1 lot en 1st ava., near 23d ?t., 94x81 2,t5<? 3 do. cce tenr, on 23d on 23xM 99,676 aa 10,71". dc do. on 24th H., an 2AxM . . . .93,575 on 10.T2A ;. do. adjoining, en 99x99 92.400 en 7 2f ? . do. oenr above, en 96x99 92,2f-0 ea 6 rs<? l <??? ad eiainf, 26x99 2. .1* 1 -lc. Jo. 2Jx?8 2,32i i do. w.thhuUdioaa, on2Td and 24th at neat ava tun A. on 29x99, together 14 'OA f On tfce whoU, cwnere ?tre w?U "Wd tV" s*.an IWktlf* 91 Vv9? ftl?,