Newspaper of The New York Herald, October 25, 1855, Page 2

Newspaper of The New York Herald dated October 25, 1855 Page 2
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INTERESTING FROM WASHINGTON. Oar Wubngtan Owmfwhnw. Wi?aiv<iTOK, Oct. 22,1?66. n* OnUni .fktUt Oourt of ClaiiM?tts JuritcUmem Do wM- IWA A'ospc of MutitVM?Ihttiet of iM miritor? &mu Motif (Olwn* by Ormgrttt AfdWUCJ, A:., A. The ohject of establishing the Court of Chime by dhngrese wee two-fold:?First thet the national legisia tore might not be interrupted n the progress of public tannem, by the consideration of the greet mere of pri vate data* constantly submitted to its action?and ee madly, that claimants against the government of ths United States might receive their just dues, without tagging out a lifetime of constant anxiety, hope and dis appointment at the federal capital, at last to And that a bauble eitiaen, however just might be his demand upon the government, could tlnd no relief from politicians en 0**<l n bitter party warfare. In tiling the jurisdiction of the court, Congress says:? And the said court shall hear and determine all claims handed upon any law of Congress, or upon any regula tion of an executive department, or upon any contract, oxprees or implied, with the government of the Uni ed Plate*, which may be suggested to it by a petition riled therein; and also all claims which may be referred to mud roart by either house of Congress. Under this clause of the law, a great contrariety ot opinion was entertained as to what was the ex tat of the court's jurisdiction. Many of ths most distinguished lawyers of the coantry con tended that the Court of Claims, like all other ?eoogn sed and established courts, must operate wholly within the range of existing laws?that is, consider no case not failing within the letter or the spirit of some law of Congress, some treaty, or some regulation of an somsutive department; and that to constitute it a court, He jur.sdiction must he thus detlned and limited. On the other hand, it was contended that if the jurisdiction of the court be thus limited and confined, it would fail to aotempiiih the very purposes for which it was intended? fer nine-tenth*, of the private claims presented to Con gress for its consideration, are claims appealing entirely to esense of justice and legislative discretion, and un provided for by any existing law. In this view of the subject, the following opinion in the case of David' Myerle, delivered by Justice Gilchrist, possesses great pebhe interest, and has been kindly furnished me by the tfloart for the columns of the Hxriio:? V. 3. Corwr or Cuius, Oct. 20.?Claim of David Myerle. ?Justice Gilchrist said:?As the Court of Claims has only apeenhrr jurisdiction, their power to investigate and report upon a claim of this description depends on the construction of the act of Congress establishing the Court, and defining their duties. The first section of the act of Congress of the 24th February, 18S5, after specifying four .Tosses of claims which shall be heard and deterrn.ned by the court, adds to this specific enumera tion the following clauso:?" And also all claims which may be referred to said court by either house of Con gr?HH." There arothus, then, five classes of claims which the court "shall hear and determine." The fifth class is as distinctly within the jurisdiction of the court as those which ore specified before it. The only difference be tween them in, that it does not describe the nature of the eluiio. The act leaves to either house of Congres--, without the co-operation of the othor, the power to refer to the court any claim that may he presented to it, whe ther it be or be not " founded upon any law of Congress, ci upon any regulation of an executive department, or upen any contract express or Implied, with the govern ment of the United States." One reasm for establishing this tribunal was, that the public business should act be impeded by imposing upon the committees of Congress the laborious duty of investigating cases, often intricate in their character, and reiuiring a care'ul analysis of testimony, and this might be necessary whether the par ticular claim was or was not included in the first four classes, ar any of them. Th-re is, then, as obvious a icn son for the fifth clause as for the preceding ones, for if the ?bjcet were to relievo Congress from the investigation of claim*, the act would but impcifoctly accomplish its purpo*e if it did not contain this provision. As the elaiia of Tavid Myerle has been referred to ns by a resolu tion of one of the houses of Congress, ji is unnecessary, for the pu-posi of settling the question of jurisdiction, to investigate and do'ermine at present the further ques tion whether there was a contract with the government; and if so, how far it was valid, and wha t were its provi sions and limitations. Row far the Secretary of the Jiavy had tho power to bind Ihe United Status, and wheth er he was authorised to make such a contract as that stated in the petition, are questions of law; hut, before they are determined, it appears to the court expe dient that the evidence should bo laid before them. An Inquiry into the general power of the Secretary, at. that ne, to make contracts binding upon the Unite i states, wculd open a wile, and, in the present stage of the case, an unnec essary flew for discussion. The inquiry Into h s powers, if it ,-hould be necessary, will lie narrowed and rendered mucb mnro intelligible alter the evidence * sub mitted to us. It is Mkewlse premature to remark upon the subject of damages, as that is a question of fast, and their amount, and extent, if we should reach thai in qniry, will depend upon the testimony. We cannot say that the tacts set forth in the petition do not furnish any ground for relief. The ciainr of the petitioner most de pend on the contract shown by the proof and *.he power of the Se:retary tc. make :t. we shall, then fore, author ise testimony to be taken in th<' esse. We do no , of course, m ac to express any opinion upon the merits of the claim. This opinion of the Court, it will be perceded, throws open its doors to a wide range ol business. Every ima ginable subject will be br rught before it. Ii a d'Hbur-'ng ?Acer of the government become- diss." -fled w 'h the action of the accounting officers, an appeal will bo rendu to Congress with a request to he r- fcrred to the Court of fUalmi*. If a private claim to land be not nettled by the Ceral Land <Jfti- o to suit the < laimant, on appeal to trie irt of Claims, via the halls of Congress, will surety follow, rho thousands of cases annually rejected by the United -dote* Pension "(Hee will take the sam? course-, and thus, I Iter the I'ourt. must become an unwieldly machine, a vast maelstrom, swallowing up all the bureaus of several executive departments. The duties, too, ot the I nited States Solicitor, In view <f th" tacts above stated, become vast beyond calcula tion. K.ven now they are herculean; but what, mu?t they be when he has to review the en'ire actirn of the executive government, and contend in debate ag.<'net, one or two hundred of tho shiest lawyer" of tho 'and? Judge PUir m.-y, indeed, be a second Sahastopo), but ho eanno' hold out long botore such tearful odds. Home modifications in 'he law must lie made, or the allies will carry tb.ngs by itonn, and the whole concern, like Se vastopol, will be blown up. The salaries of the vudg? must, be increased, an 1 at least two able assistant-o!; eltore appointed. K. Wa*n.v< tox, 'let. S3, Jamirruint FM'iivl Int'Uiif n>v?>Viu Afc-cmcui irx Che Prt sidcntiitl Ctimpniffn. The complications end trouble* .it the White Hone, ? a to the Wore, are greatly on the Increase. A poetical ?wal'.naMnn of the moat formidable and important ehr | acter is just beginning to he shadowed forth here, w | calculated to alarm the 1'resident in his present anxious position a? a candidate for re election. Tire premonitory symptoms of this movement have lieen lor some time visible; but it* precise shape snd charae'er bare not been developed until a ithin the last day or two. sienrge M. Isi'.las, of Pennsylvania, and Jetferaon i>avis, of Mississippi, are to bo presented in connection as can didates for the Presidency and Vice Presidency, in the arder I have named them. To strengthen this movement in the extreme South, where it i? lirri to b? definitively trle<l, the two leading democratic papers in New Orleans have been pu-chased up very recently, ami with the avowed object of support ing Delias and Davis. I refer to the Louisiana iXurif and .New 'trleans /Wo; and .'udgo Perkins, member of Crngjs sa lronr tliat State, now here, is stated to have made the negotiation and footed the bills. Two or th?e<' newspapers in the interior of l/tubiana hare also been secured?perhaps in the same way?at all events for tin name purpose and one of these, and another it Brandon, in M;s?!"-ippi, have already raised this ticket at mast head. boater Brodhend, ot Pennsylvania, a nephew-in-law of ? -?D. Cav'i-', has been very busy during the ps-t summe in arranging tbi? combination, and giving it a foothold in the "Old Keystone " and elsewhere The extreme ultra political opinions ami proclivities o: the present head of the War I*epartraent not being in very good odor In .ha* Ntate, the tail of this ticket has hitherto been caretuily rowealed frnwi the uninitiated, and it is understood that thus delegates to the State Convention have already tmen sfr-.ured and instructed for Mr. iWillaa alone, in two or'hroedtetiiet*. It is also authoritatively siated that she universal i'retean politician, ot -Senator Cameron, who was suppose* to have been finally lost in the late wreck of the " black republican-Know-Notliiixr irwe-eol) party in l'ennsytvania, will noon torn up again on the Dallas ant Davis platform, n thct, it is now pretty dear that the oid T>lit tn the deniocratte ranks in that State is to he revived In all Us original force ant bitterness. Che friends of tbt 'SUiewman of Wheatland " wUl n..t atnaign.nate w-ththose of Mr. Dallas, after having "\pericneefi the tactions opposition of the Is'ter for years and after they nave, in at least two instances, done more although in a meager minority in the State, to defeat Mt. Buchanan's olcvaticn to the Presiden-.y, than ai: 'Utsidc opposition. Bnt who will the Wheatland party in Pennsylvania rallf uponr That a the question. As yet, they r.ovr shown no sign, cxcejit that one or two nape.-* ?n the titcrior Itaie raised his name. It is well known ticre that thus t'ar he has resolutely resisted every of *? 'ft of his frien ts to induce luui to take t he field, and those who are supposed to be prominent in his confi dence appear to believQ ho will stead ly maintain this po sition ot ni??terly inactivity " (t) to the end. I,p>n this sutdect "wc shall -o? what we snail see, " as the '"?noh juggler announced to bis audience. Hut 1 ';?*?' another and equally important phase of tins ftal.as and Pay** c?n.i|ibatlun to speak of. it is known there "lists greai .ntWcy between the friend* of Mr. Montwr, of \irgani? wh ?o or-an is the *stin.J of this cMy and fhnee prominent in his avowed Dilla* in tereet, and it is mors "hen snspeCed, therefi-e that lha com *i nation in "lades the riuuter chque both In and' wot ?( \ irg.n a. rhns U italUs ano Davie rIn ?-curs the argest nurabr ef frisnos in the National <>? twentieth i orj well. Hunter, In the *ve?t of the iu c? ? ? Dniliur ceold fie placed ji the ' tlnsi ef safo precedent*.? tie atlair w?/ he .ettmd Withcat desixt/icg ,te r.^ ,. _ v.t~?D North andBooth???d Hunter ?al ?2um ^eJy upoD it, the ultra southern politician" are aidfeEss'is^srSSSS iiSStSSZt !^?S; s sa; ssasf *???gSuf ri^ hoarr?!Jtins to see some such 1MB ?rt and tYie result was on instantaneous breaking op 'tearing to pieces of the whole sham structure, right ,n the face of an amnsed and rejoicing audience. the sooner the Luadequete, ill assorted trumpery concern of <>u. Pierre meets witi a similar late the better for^1? country. 4 ' WaewNCTO*, Oct. 33,1865. Ikt Naoal Hoards of 1846 and 1855? Difference Betwo-n the Two Beard*?Brief History of the Fbrmer-lts Organi taiioii and failure?"Old IrotwiiUs" Down on It?The Report a Sealal VotMrne?k^tuai Demand for Us Fro Auction?Letter erf See rdary Dobbin to Commodore SUioar*, <?fs, Cf^e, ?&. . . Since the publication of Commodore Stewart ? protest, great interest baa been manifested throughout the coun try to learn aomething more of the character of the Board against whoso proceedings this protest was levelled. In some respects the Natal Boards of 1848 and 1856 were alike, but in many others very dissimilar. The former was called by authority of the Secretary of the Navy, Mr. Bancroft?the latter was expressly authorised by law. The one was to make a careful examination into, and re port upon the efficiency of all the officers in the navy, from a passed midshipman up to the senior captain?the other was to expresean opinion "whether promotions in the navy should be made with exclusive reference to seniority," and to report on the propriety of promoting to the rank of captain Commanders Oauntt, Ramsay. Henry and Downing. These were the respective duties Of the two boards. The board ofl84fl consisted of twenty-one captains, as followsStewart (President), Morris, Warrington, Jacob Jones, Pownes, Bhubriek, Perry, Kearney, McCauley, McKeever, fitorer, Smith, Turner, Ap Catesby Jones, Morgan, Parker, WUklnson, Mayo, Breeze, StrIngham and Iavalette, who assembled in the city of Washington on the 31st day of July, 1846, in obedience to orders. Of these twenty-one captains, I would remark that six have since died, three were retired by the late board, and two were lhrloughed. To this board, thus assembled, Secretary Bancroft p.o pounded two leading inquiries:?Firft, "Whether promo ticne in tho Navy should be made with exclusive refer ence to seniority)"' and secondly, "Whether they commend the four senior commanders?t-auntt. Ram .ay Henry and Downing?for promotion to UwI rank; of cap tain f" it is evident from the history of tho times that Secretary Bancroft had determined to overslaugh these several officers, in which determination, too, itwou d appear from the protest of Commodore He wart, he was backed by a majority of the Naval Baard. Theseofficers like the fate board, determined by a majority vote tbat all iheir proceedings should be secret; that the offl ers Whom they were about trying should not be their defence, and that the Dlow should 'be given in the dark if at ail. Yet thU board kept, a record i of their' proceedings, which the Ute board did not, as i M. Dot tin declares, and upon this record it wis thatthe hold and independent President at each balloting record ed the fact that he "declined to vote. , W ith the foregoing statement of facts brfore the pnb Uc, the inquiry naturally arises, 'In what did this c in sulfation of twenty one naval captains result! ' an* ?wer it resulted in nothing The opposition and eon tompt heaped upon it by "I'M Irons; tea' killed the at tempt of Secretary Bancroft to overslaugh, and consigned thsirepon^f theBoard to inviolable Hocresylnthe ar chives of the Navy Department. This report has never been seer oufid- of the secret tile room, although Sena tor Hale tried in person to get a peep at it, an.J ward? rndeavored to get a. roiolution through ahc nite\ States Senate calling for it-but in vain. Task, can't it be had' It may throw much light on the proceedings^ the late Board, while undergoing a review in the ..enn.e. art the piau- of the Board of 1846 were frnsU^ l and broken up. rhe commander* in qu^juon were regtil* y promoted?two of whom have since died, one tar. nigh .d by the late Board, and the other dropped from the ser ' in refutation of the idea that Commodore Stewart sanc ticned or approved the proceedings ^foll .w inor- thai. h. did the first, I ask ? iP?r??J the follow ,rg letter. (which has been kindly furn'-hed me by a friend of 'he old veteran.) officiary announcing hiss.n tence of condemnation'? Hitt Dxr/rtki at. Feu*. 15.1*66. Hi it?The Board of Naval Officer-, asseuiblod under? -be actio prono-e the effioien v of the navy, appro*' having reported you as one of the ofboors who, in nejr ^ moot, ihonld be placed on <be r'~-r . p .) unnrcved *enoe p?y, and tbe iin?Jin#s o: the Bu*i d hw??? . by the President, it hi omes my duly io m oi my that a. cordtngly jom name to removed .mm the actlv. se^i? e . , anu'oittj oi the law to order tlui you nmsnduty myoni present post. T am '.'ire, al io, that I do no' ?.peak <*?"??' a'J m lay to' hat none of your wllnw ^.?iiti titrJiv i rci'ollc'.'tloc ci your di uigtzi^' ? ? Oi'^V-i Beat d who b.ioa. ted from a ?ern sense <m du md ihe I'l-esaum vbo couccked -t prtpw aft?? wU, aoprovo vbeir (.nHiog. adq inlay y m?rM siiiccruly approve my retaining youonrd'J,yl)u3B[N. necttu ly your obedleti s- viant, Commodore Ciiahu.s Sii wiav, rhlladclphia. Thin phraH*'doffy not :ndicato that onr.rnotion tJtewl-t had ouc' t tbe humlllMing position to which l e Udb4n ril..ce!\ by the Retiring B-nrd. Mr J^>Mn say ? Ibey a ted fror.i a stern s?n " oi duty, and t b <o .v? his ilnty to execute the sentence Ami yet, althnng . .am tiouH the verdict of iuefficu-ncy. ho compament gallant officer on tbe manner in which he was discharging the duties assigned biro, r.nd does hro Uio y g - favor to "ontinne b'm at the same post at a "duct.on oi oav l'< lb'' fivor the Comm-'dor" eer'ilnly ough o feel'undcr many obligations?to be pe-mitted to ? ' he -ame duty bnt deprl. ed of the pay. t The Kpldt-ml'- In Virginia. OIK NORFOLK C0BRC8F0NDEKCB. Norfolk, Oct. 22, 1865. tin lever tpp-ars to be on'ho increr-e among tho-.o who have retutn"*!. Tbo toll iwing are this morning re jiorted among the new cases, all of tlicm, with on" ex. eeption. new coni?r?;?','eorge Wis?, Xhos. Wise, fer ronce Colly (two in this family have die I, odly ono of them catne to the city thoy live in Norfolk county); Mr. ilruee, Mr. Warren, child of Mr. Conrad, a man at Mr-, rowel'., and a man provided for by the Howard Associa tion on his application, having no friends in thecity. If ?melt a recitation as this dues not deter our people front returning lot thorn come?coffins can he more easily ob tained now than formerly, Imid the gloom and dtri nr>s pervading our oity at this lime, when all hea'to are bleeding tor suffering humanity, when the wtil of widows ami orphans mingle with the ntrwo breathe, and almost become* a part of our being. It is a ruost p ilnful thing to centemplate a son brutally whipping the m the: who bore him, a mother who watched with painful interest at 'he bod-ide of her only boy nntil the eurvont# of life began to Pow to a healthy condition through his vetn?, and yet such a scene come under roy observation Saturday. The only ion of a widowe I me'lier, after destroying what of her things be could, atrtick her down. Can conduct so brutish (.ass w ithout the withering glnnce of public scorn It s pien-ant to turn lioui such contemplation* to one which excites in oui hcarta tie warmest feelings of wh h ve are capable. fbis morning, while in the off c* of th" Howard .Association, a bund'" ??* pointed i ut to in" ty one of tfc" directors bearing the inscription, 'A bat wile of clothing t o th- orphan-' of Norfolk and Portsmouth, sent by a iitU# girl of Baltimore." Utile one, we think you. Would that snch a feeling as animates you wool'1 animate alt others?then onr dee'itote onea would not suffer more. ejulte in excitement wasrrented on uaturd.iy n 'he office "f th" Hoe ar<t t-s.viatioo by th" appear incc of a man who desired to he placed in the hospital. He had be-n placed ashore by his captain, who feared he wo ild be i(uai anlined if he was allowed to remain. The poor man wan without money or friends, or ev?n the papers which would have entitled I i?n to admission into the Marine Hos pital. A strsngnr. without friends, in a strange city, is alwayifu sad thing to eontempluo, hut its sndn"?i is greatly enhanced from being si"k. His natne i? Charles Bock I In he is from Boston, iff course he was pi uvidid for. Vis* Mary W,.',1"ts, daughter of the lat. 15 p. Walt-re, of 'he late National, U very low; recovery doubtful. There were ove new case- rep tried in T'? rtainnuth yes terday. and on death*. Ml" Kllep Clement, h new 'omei, W M. Ho'.lan . ,.nd three negroes, whose nance we conld not obtain, ate among the head to-day. Mr. I_ Jacobs' clothing store, on Maine street, w..* opi-nesl Us". Friday night and robbed. supplies were rewired by th" Howard Associ. tlnn yes terday via Baltimore. A ,'ight rain ft now falling, and it if i|uite warm. NOIIKOIJC. Brsisgga at Savannah.? Affording to the Sa vannah '.rcoffon, the commercinl 'rode of tltat po-t is unusually active. Si* large ships are loading f >r l u. ?po w'th cotton Ao.aaj ),?!<>? .if which have beer received fmrn the interior ? nee the opening t f the sea?on. The receipts of wheat, too, are heavy, reaching for th" *"a-on J82,420 * ushele, nearly all ot' which has been transported to Its destined markets, 1 'TV of the peculiarities of last week'- market rep. rt was the shipment of'J,100 bushels of wheat to uxrmpoe'. the tint shipment of th" kind made direct from Savannah 'o any European pert, "in *e iha lat of 'an j-ry 23,115 boxes of co;.per h...ea'ai been receiver,. The fTs'iaartown fPa.) m.tyru?\ s?y. _i0 this r*c r the p event year, (which by tht way is the gr^at ?lr ) tato season ev"r kne wr< ) aw well ce'',va*?d r -e| haVA vitlded '?-? than S0O bushels many .Ao, a il a nuta'-er have teen rejected to as ??. f (? ij l.U' as } Mfb THE INDICTMENT AGAINST At GERMAN HERMCK, ildfrmn, CouMUaicii tad < Oonf?? Uiti ThtmwlTM Lobby Aft to CI?c of the Kvtdeaee on Both Stdeo. COURT OV OYER AND TBI VINE*. Before Hon. Judge Roosew it. Wki.nbjday, fet 34.?The court room wan crowded thie morning, wtth ciUiec^fiittorevtod in Use proceeding* againrt one of the City t ethers. Mr. Whiting claimed a delay of a few momenta until counsel would hare an opportunity of looking over the minutea of the Crand Jury, which were furnuhed by the District Attorney. Mr. Whiting Mid that counsel had devoted much time left night to the examination of the evidence on the part ?f the prosecution, and conoluded that it had fallen so im measurably short of what they had anticipated that they thought it proper to change the whole Una of their de fence. They would, therefore, dispense with an opening address to the Jury, but proceed and pat forward theii witnesses. John C. Wendell, examined by Mr. Whiting?Am one of the Opunoilmen of the city of Kew York; was one of the committee of that Board to whom was referred the peti tion to alter the grade of Eighty-sixth street; that is my signature to the report; the report Itself is tn my band wViting, the report was drawn up about the middle or May last ; the endorsement of May 14 thews the date of tfoe presentation of the report; it conld not have been prepared more than one or two days previously: think that a few days after the passage of the report oy the Board or Conncilmen a short conversation took place be twten Alderman Her rick and myself on that and other subjects; Alderman Herriok at that time said he thought by my explanation that he wonkl be In favor of the alter ation of the grade of Eighty-sixth street, ana woaldget the papers and examine them; 1 would not fix the date of thai conversation positively- all the Intlaence I used wee to explain the matter to him in relation to the petf tion, to the accompanying profiles of the cuttings," and to the way in which it would affect p: 1 property in Eighty fifth and Eighty-sixth Streets; had another conversation with him about a week afterwards at the clerk's office of the Common Council; Alderman Herrlck then expressed himself perfectly coincident vrith the views of the report; we went ever the computations together; (paper with figures banded to witness) cannot say whose figures these are; (another paper handed to witness) I believe this states properly the line of improvement; the figures de note lineal feet; at the second interview we merely dis cussed the matter, ami he expressed himself in favor of the alteration of the grade; he never expressed himself to me as opposed to the measure. (Counsel read memoran dum to the jury.) Crosa examined by Mr. JTall?I would state that we I in the met accidentally In the Tax Collector's office; 1 believe I started the conversation about Eighty-sixth stieet; J explained to him th? damage it would be to the property of the lower end of Eighty-sixth street and Eighty-fifm street, not to have this grade changed; were in conver sation some Often or twenty minutes on that and other subjectB; parted there; the second conversation occurred in the room of the Clerk of the Common Council; I think I went In there and saw the Alderman sitting by the table examining that report; we talkc-1 the matter over, and I explained tho report which I had drawn up myself: I believe 1 had some conversation with Alderman Tucker, anda short conversation with Alderman Drake Inciden tally; heard that tlio committee had a meeting of peti tioners, and remonstrance about altering the grade of Eighty-sixth street: this was aider the conversation ha i been field, the grade affected lots from First avenue to the Past river; there was a hillock bet ween avenues A and B, and tin raising or depressing of this was a mutter of dispute; Mr. Waring ha< lots nearest to thelmmodiate hillock, and so had Mr. Murphy. Judge Roosevelt nsked for the date at which the mat ter whs sent from the Board of Councilraen to the Board ot Aldeimen. Mr. Hall?The report was made M.y 14, finally pn?sed that Hoard May 25. and sent to the Hoard of Aldermen Jane 4,1865. Jsniih UyD'W--, examined by Mr. Whiting?Knows soveiul John Murphy*; knows ihr John Murphy who had an interest in tho alteration of the grade of Eighty-sixth street; I took an interest at the request of Mr. Murphy, in got ting the resolution to alter the grade of Eighty sixth street passed in tlio Board of Aldermen; Mot-phy was at that time frequently around the Hall and in the Mayor's office [ presume lie is intimate with the Mayor, ami a political and personal fiieml; do not remember the date, hut think It was about the ljt of September he Hr-t spoU" to me on the sul.jet; have since, down to the pre icnt, seen him around the Hall; 1 spoke to Alderman H"rritk on the subject more than once; I had had a con versation with Mr. Murphy, and asked Mr. llei-rick to go for the measure; Alderman Derrick told me that the people in his ward were divided on the subject, some good friends of hi? being for, and -otne against the measure; fro.p the conversation, I inferred he was rather in favor of the measure, and oneounently I pressed him to go for it on account of Mr. Murphy; T made a special request of Alder man Herriok at that time. Cross-cxamiLed by Mr. Hail?It was about the 1st oft?ep ieniber that Mr. Muruhy requested my influence on the subject; it set n wn"k or two previous to ttie matter being laid on the tabic in th- Board of Aldermen; he wan ted my personal influence with Mr. Herrlck: he spoke to me several times, aud -howed himself very anxious that 1 should speak to Mr. Horrick, which I did; ho was anx ious Dot only about bts own property, 1 r that of others: 1 spoke with 4l'leiman Derrick every cuuvemeut time that I met him?perhaps three or lot. r time . Thomas I'. Downing, examined by Mr. Whiting.?H "1 an interest in opposing the alteration of the grade of the "tree ! was an owner ot property involved; applied to Mr. Hortick anl every alderman that I know to al l mo in the opposition to it; think 1 applied to them while it was pending ho'cre the Hoard of v'ounr Irani; at that time Alderman llortick would not get out of tha -nrriagc n which the committee had gene to the street; said he understood ail about it, and would ac at the proper time; I applied to tiin constantly, before it passed the Boa id of Couocilmen 1 do not think he hal express't an opinion in favor of the alteration of the grade; he wis always evasive with me; said his friends wmo equal ly livlib d in tlio matter, but that the other two mem bers of the committee were in lavor of it; we had many aiguiiicnts a? to the numlier of foot, against it; h? though ibere was sufficient against the grade, (two thirds,) ami I thought not; there was an alteration io the petition after it was signed; Mr. Livingston had signed for 1,000 foci, and this wis ilterid to l,t;00 feet by adding a talo to the first cipher, and thus it appeared there wore two thirds in favor of tho alteration. Cross-examined by Mr. llall.?An; City Inspector: had never reason to bo otherwise than the political am! per onal fri"nd of Alderman Derrick; 1 used every argu . rnt to influence Aldeimon Derrick in this matter; war present theevening it pa-Bed ilia Hoard of Aldermen: there was considerable of a 1< bby there that night on both tides of the <|Ue?tion: think I was present when Alderman Derrick moved the adoption or the report; ipoke to bhn perhaps fifty times; it was the only que tion I lobbied there ? ;r two years. I owned 100 feet of property the c, four lots T it-nd all my influence with 41 leinmn Derrick and the rest of them to oppose the al teration of the mode. To Mr. Whiting?Km w John Murphy to lie very active in favor of the alteration of the grade; frequently aaw him in the Mayor * office either in the private office or waiting to go Into the private office have seen him there frequently sin -e; said to the Mayor ihat there was great opposition to it, and hope) he would not sign tho m'w ??uro till he heard the js-rsons opposed to It and ho pro mised he would not; they did go before Die .Mayor the 'lity at't'*r it* passage, and he approved it on the 15tb. Hugh " ? - Herrlck. cross-examined by Mr. Whiting?Am the brothei of Alderman Derrick; I know Mr. Waring; am a lei k in the Court of Common Pie** in th's city; my brother resides in Sixty-first street; lut? bi-en there t ; or seven years, somewhere near the First avenue, or where it would cunie through: it i* a frame house of four stories. Including the basement, which is wood; the parlors are on the second floor; the btiaemeni ig level with the street; there are steps from the street to the elevation, and two step* from that to the front door; there are only two rooms on thst floor, and the parlors are above tfiat; my brother ig generally in the front room, on ilie first floor, where he recti i ; his visiter*; there is n tabl? in that room?a m ble top centre table. It Is generally covered with| per*, editoria's, ncws|iaperscraps, reportsol boards, A , hi* bump ef order i? not large, and he generally k *epi his I apers there in " >n?idcrablf confusion. 1 have been tre unently at his house; some one has called on bn*ine*s iilioo-t every time I have been there; i have had an n te.viow, in company with my brother, with Waring three wAck* ago last >und?y evening: my brother had a c mvei-salion with him in my presence, when we w >nt inte the room my brother told bim tha' he had under stood him to ?ay that when he aras before the (.rand Jury Mayor WTooil rend the law to him. and also that h" under -tooil him to esy the foreman of the Brand Jury told bim there wax evidence enough to eoavict him. (Waring.) and my brother asked him to make an affidavit of these facts that it might lie used on a motion to quash the In dictment; Wailng *aid he had been advise! by hi* coun sel not to sign any pape- or make any affidavit concern ing the manor; my brother then said he hnd c?m? -imply to auk him to mike affidavit of the* 'blng-. if they were *o: that ho (Waring) had expressed ? g-md deal?f sym pathy for him, *nd now there w*s a chance of proving that sympathy, Waring (old him that the fkcts he had stated about the Brand Jury were true, but that his dm nee! had advis-d him not t > sign a paper or make ?ny affidavit, and that he did not wish to exasperate the Mayo- and the District Attorney ag*tn-t film; my brother assented to what he s?;d, an) he then said he would state the (acts and my brother might take down his statement and h i*n them embodied In an affiilaTl*. and that !^*fferwird* his counsel advised film, he would *we*r to it; he then went on ami stated tb" fietx, and my brother wrote them on a piece Of paper (document handed to witness); thst Is the Waring af paper. 4^*i ing appeared to be a good deal cenfo-ed and maudlin, and sometimes when my brother read it ov?r to bim he had to correct It^l think It wro* read over to him after it was corre. ted. Mr. Whiting read the following paper, stating the parts of it Interlined, which are in brocket*:? ? Pursuant to summon*, appeared iiefore the Brand Jury on the lffib?Fernando Wood, Mayor, was in the Jury (rorir. with the jury) when I went in, ?worn by the tore rr.xn, 1-0. <krt.-r , I thun refits. It. *n-w -eiin ques tion* (relative to Aldernian Derrick] on the ground tha' It might criminate me; the foreman remarked, that I sh ulT lie protected; still refused; then Mayor Wowl took up a hook and rood ibe taw a?pli< ible to the case, he said that 1 should be protected (ind volunteered to say that he woQld see th*t 1 was nothvrmelj; the foreu-an re newed his pleural)*#*; I .lid no' answer the quest..in* as they dcs.rM; 'be foreman then excused ire for that, .lay? direction to ho there next day at M o clock. the foreman ?old nie Ibey had test ion oy en > ugh to convict me If I re fused tr answer. ? then consulted my counsel, and he advised me?he was in dfinl;'- (Hewitt to answer this.) Next day I appeared before the jury again, and onxwe r ed the question* propound*.! 1? me the nay b"for?; two ?r there days afterward*, at the request of? ' I wr ? not sitting b??ide my brother whea he wrote t, and I cannot say how the alteration* were mad# wh'-n .fating said anything my brother generally repeated m Wo of'.tf lus>> and aivte it dews, Mi] weald i it: these corrections were made at the suggestion of waring; ?? were about leasing, when Waring aaid he was wj sorry that the thing had taken place?that it injured both one aud the other, li st he was satisfied he was led into it by Murphy, and made the tool of the Mayor in injuring him (Hcrrick); my brother said ho night as well tell liiin that there was no understanding between them on the subject of that grade, and that he had never taken or caused to be taken any chock or any money; Waring replied, "I swore before the Grand Jury that you never received any check or consideration from mo, and that 1 did not know from you how you were to vote, and that I left the cheek lying on your table when I went away;" my brother replied, ''Yon know I never re ceived any such cheek, and that I never saw it after 1 told you to put it hack in yomr pocket;" Waring said then, "I do not know whether you knew 1 left the check there or not, hot I did leave it behind, and Mnrphy told me that if you refused to take the check and I should lay it on your table or writing desk it wonld be all right;" Waring thru went on to state that he thought all the Mayor wanted " ~ rfk)f P "

was for him (UerrRk) to stop writing articles about the Joseph Walker in his newspaper, and that if he did so he thought the matter would be dropped; he said ho thought that wonld settle it; my brother said he thought that Wood had been putting his hand into the city treasury in this matter of the Joseph Walker, and that be would eonti: I continue to show him up, and if he could, he would go into the jury room and hare him indicted; Waring aaid ho hoped my brother would got ont of the matter some way or otW, and then we left; that is the only interview I ever had with him. Cross-examined by Mr. Hall?Am attainted with John F. Rope-; 1 -oppose he is my brother's partner; they have been in business together for fifteen years. Q- You understood them to be business partners ? Ob jected to and point argued. Question allowed and excep tion taken. (Envelope handed to witness.) Cannot say whether I have ever n>en this or not; (letter handed-) I neyer saw that before; it is not my handwriting; do not know whose handwriting it is; (check handed to witness ) hare seen that cheek yesterday, bnt not before; did not see it in Mr. Waring's house; my brother and I had no conversation with Mr. Waring about destroying that check: (another letter handed to witness;) have never seen that before; in the conversation with Waring, my brother denied having seen the check after he handed it bark to Waring. Q. Then be distinctly admitted having seen it once? objected to and form ot question changed. Q. Did he admit or deny having seen it once? A. He said he never saw the check after he pushed it back and told Waring to put it in his pocket; thai is the substance of what be said; I have never talked with Waring on the subject, except that night; we stayed there very nearly three quarters of an hour, perhaps longer. Q. Hid jonr brother say anything lfke this to Mr. Wariag: "You have expressed your sympathy, and now 1# your time to ahowlt?" A. Yes, something like that: Waring appeared conTused, but it may be the usual way in which he talked; I talked very little, but 1 listened; 1 went there at my brother's request; I never wont to Mr. Waring's office; my brother asked some questions, and when Waring went on and talked, my brother asked questions, so as'to make the matter clear? t mean, to make Waring's statement clear; we could not exactly understand from Waring where Wood was when he as sured him ofhis protection; Mr. Waring said Us counsel was Mr. PcWitt; I have n?vtr been to sec Mr. DeWitt have been in court for the last three days; I have been sitting by your elbow; 1 was Tery much interested in the matter, on account of my brother; the only reason 1 sat beside you was that there was no room to sit bv mv brother. To Mr. Wh-fing?1 thought 1 would keep good compa ny. and so sat between you and the District Attorney. Roe l-ockwood, examined by Mr. Brady?Am a book publisher in Yew York; was one of the Grand Jury to whom the case was presented. Mr. Hall made the observation he did yesterday, that the secrets of the Grand Jury room were not proper ,-ub jects of examination, but that ho would not object to it on account of the peculiar line of defence. Witness?There were two gentlemen acting as secreta ries at the time the case of Aid. Derrick was before them the first person who came into the Grand Jury room in rela'ion to the esse of Aid. Herrick was John Muipby; if there was ,m affidavit, I do not remember it; the same day Wai ing was in the room, and Fernando Wood, and the rtatiict Attorney; tbe first witness examined was Mr Murphy; I think that the examination of Mr. Waring had begun when the Mayor appeared, and the examina was suspended, Waring left the room and the Mayor was sworn as a witness, f Witness here asked the Court for instructions as to whether he should answer these questions.) The Pistxict Attorney explainel why it was he ha-l al lowed tbo violation of all legal rules in this ease, and bad acquiesced in the course of counsel. He had no objec tion to do so in this case, on account of the charge of cm spiracy. which was set up by the defence; but he left the matter to the instructions of iho Court. ^ Mr. Brady asked no favor in the way of straining the* Judge Roosevelt?(to wHness.) The counsel of yourself and colleagues, their voting in that body and yours, you are not bound to disclose, and In my judgment vou ought not to diw-io?e. lhe witness had no objection to tell al! else. Examina tion continued :?Waring retnrned fho second time- he and Murpby had both left, the room at my sngge-tion VauDg presented himself again the following day: l heard all his testimony. y. Po you recollect what ho said on the subject of al tering the name of the bauk on that cheek? A. He said it wa : done by one of the two, but I do not know that i.e tufed who L of them made the alteration; he said a good many things the first day which he unsaid the second. Q. Did he say --I did not alter the check from one bank to another!-" A. He denied eve-ytl ing .-f the V nd the first daw. ! Q- Denied it under oath? A. Yes, sir. (J. Hid he state that the sum he hid offered for the buaineai $Ur A. He said i might be about t36 or something more, hut he . tUrly denied having offered I #1(0, lhe first tlsij, t.? "id he at la-t state anything like this:'1 gave or offered to give. Alderman Merrick $ir> for printing'VK) curds a much larger price than the w .rl was worth- 1 thought the extra large price mat I gave Alderman M 'r rick would influence his vote ir my favor?" A. Uc ad mi'?ed so much in that first interview; lie was very mu h confined .u the time and got himself info tight places he ?d.i td ruhftantiaUy what you have -aid: that h guv f ..< for printing the .?? rd-<. and that the extra was to in fluence the vole of Alderman Herrick. Document handed to wi'nr-s. Cross-examined by Mr. Hail?' remeu.ber tha' this ,Hi davit, was before th" Grand Jnrv and reed; th first a- (ion on it that I remember wns'Mr. Murphy: 1 .Jv no* remember what orOor the Grand Jury h id made before Murphy tame in, I was not a member of the Grand Jury tlu first two days of session; Mr. Wood had not been 'here before thai day, to my knowledge; i did not anow what turn thing- were taking, and I suggested that Waring and Murphy should retire, and let the Mayor be examined. Waring's maimer the second lay was ,.uite different irom wha' it was the first he seemed inclined to make a clear oreast; he stated he had been afraid t> criminate himself till he had conversed with counsel- he sai l he had conversed with coun-ei; the District Attorney read the statute- on bribery to Mr. Waring; Mr. Wood did not read from the statutes to Waring. Ur-"aR hme offered to put in evidence his affidavit, on which the Grand Jury had initiated proceedings, to show, as he -aid. tha' th" only conspirator in this mat ter was the gentleman who had a perfect right to be a conspirator, namely?the Pi-Pi * A-tom?y. He offered it to show that he was th? first to m >v" In this matter Mr. Brady objected to that affidavit h*!,,g received I ,1".e thought that the aftidav," was not at present adiiii? ihlc as evidence, though at a future stage of the proceeding- it might be. To Mr. Bradv?Tt was not on the first occasion tlx 11 Mr. Hail read the law to this witness; I am not positive who I. ".al! *n'1 Mr- Woo<J **1'" tx'ih there at the time; I told Waring that there was a constitutional provision which would protect him in giving his cvid -uce- I ap pealed to the Mayor a-to the truth or what I had said, and /io sustained it; I .should not have appealed to tho Mayor had the District Attorney be*n present, and that ?atisfles rnethey were not there together; two or three orns told Waiing he was bound to answer I saw there was something back in Mr. Wacing'smiml, and suspected hewmafcarlur of criminating himself, and I told him what I thought the lav was ui the matter, and? appealed to tbe Mayor, and h*? confirmed what 1 had said; the mam point was that h>- would not eliminate hlm-elf! the statute was not then referred to, it was looked for by tbe foreman, but he had got the wrong book; I supposed the law of 186.1 did protect him in *nt*tverir>g, and ft wan to that 1 referred. To the i .inrt?I told him thai it ho did testify there was , ?oc?,'ed hi* constitutional right to be po te> ted from punishment, and it was as to tliat 1 appealc . to lhe Mayor. B. B. luirily, examines! by Mr. Whiting?Am engage ' in no particular business, but do not exactly come under tbe term of ? grc'ieman1 took an interest in the mat ter of altering the grad" of FJghty sixth -treat ; at first I wa- averse to it. because I was Informed it would involve a pretty heavy assessment on property of my own there; 1 spoke to Aldmnan Herrick on the subject; he explained the nature of the deep grading, and informed rne that he thought a majority of the property ownera wera in favor of the change, and advised me to withold any opposi tion ; this was soon after it came from tho Board of Ciiun cilinen;! called on him ones- or twice; he thought he would advocate the alteration, because he considered i t would be satisfactory to the public, Mr. Downing Inform ed me that th? alteration was objectionable, and solicited me to join with him in active measuree against It; this was some time before action w?? taken in the Bosad of Aldermen. Cross-examined by Mr. Hal!?Cannot recollect precise ly the time of these conversations; I think It was while lhe matter was in the committee of the Board of \lder men; lam sure he said that lie thought a malortty of the l-eople interested were In favor of the ehkng.. and that It would Ire advantageous to the public I under stood him then to be very decided in that opinion John Kelly examined by Mr. Whiting?Am one of the Alderman; npresent the Fourteenth ward- waa n-t a member aftl.e committee to whom the subject of chamr ing the grade of Eighty-sixth street was referred thefe were several parties whu had spokenM., me on the sub on both ftld?fl of thr <iue*tion, ia<f i wont to look nt ,h>t Iont,he n'fihtthe report came to tho Board, I told these part lea I would like p. hear a renort fa cm the committee; Alderman Herrick came np and waa appar.ntly listening to vhat was going on tp?r^, ?.r(i saw tbe report waa nnanlmons, though Alderman n? rlek did not sign It; 1 asked him why he did not sign'it and he said that some ofhis friends were for it anrAme agsinst tt, and he did not want to be inveigfad jn.0 jt , ?U but, -aid he, " Kelley, tbe matter i-$bt, ami vn, will say so when you go and look at It,'' .rter that I .Vv,0^ *t H m reporl r"u4iD** that night in th* nana* of th* committee. ? Cross-examined by Mr. Hxll?The report came nn that night, and I moved to have it laid on (he table ?, *?? me an opportunity to go and look at it; and aftar 1 looUd at It I became satfaflej '.hat the grade shmiM h? I do not recollect that Mr. Derrick took mv tafar" A the matter, the night the measure was "/n--1V? wea iher, and voted 1 met Mr. Morpby on ,LP?t7~t bis psrtner. Mr. Yesbitt, took me upP wimn-r. met AMernun Vocrhees 0n the ground and Mn?phy I became well 'dialled that the grad" should be altered; I am net only Alderawn, hut a member of Gmwrcss oi*ct. Mr. Had?I state that, air, In order to give yon the be nefit of i higher position, (laughter) Ckarlee Eel, examlnenlby Mr. Whit.ng; Am Alderman of be.e.enih ward, remember the proceed n the tome op CeuacU a relatipo W the eiteretioo of the grade of fjghty-ixth ?treet: I toot en Interest In u* *ad "poke to Aldermen Herriek on the subject? Mr. Waring railed on me and stated the importance <lf altering the grade; he -aid the majority of the property owner* of the nvighborh-iad were in favor of It; I then took an active part In ihe matter; I called on Mr. Her rink and other memsera of the eommiltee and asked them to report favorably, as I thought it tight it shouhl of kldermen**'' UP " au?*",<? in Cross-examined by Mr. Hall-1 might have .poken to Alderman Herrick two or three times wtiile it was In the hands of the committee of which he was a member- he did not express himself fttily oe the subject- he said he would look into the matter and determine upon it- 1 be Ueve it was generally understood that Aldermen brake and Tucker were in favor of It, and 1 inferred that Alder man Herriek was rather in fkvorofit too; I was not aware of the tact that Aldermen Drake and Tucker signed the report tlrst, and that Alderman Herriek put his q?..? to it afterwards. To Mr. Whiting?H frequently occurs that a report la drawn up by the chairman of the committee and that he keeps H in his pocket till he gets it signed by the other members, so that his name may thus be last. Kicbard B. Connolly, examined by Mr. Whiting?Am County Clerk: took an interest in the question of altering the grade of Eighty-sixth street; the day after it passed the Board of Councilman I solicited Alderman Herriek to vote for it; I have been acquainted with Alderman Har riet ilfteen years; sometimes* we differed politically- I went to him at the requestor ft friend who was interested in ft: he promised to look into it; the last time I spoke to him he said he thought he would go for it; I know John Murphy; Stink he is a very particular friend of the Mavor. Cress-examined by Mr. Hall?Murphy frequently spoke tome about it; do not remember the first day, but it was the daw after the report passed the Board of Coun cilmen: he may have spoken to me the day it passed the Board of Aldermen. Thadeue W. Meehan, examined by Mr. Whiting?Am a ??"?? ^ P*P?r "as *>een published eighteen years; Mr. Herriek is Its principal editor; since office of Mayor it has been part of the time friendly and of late unfriendly to the ^4t h?htt" from tic city treasury, Mr. Wood has frequently figured in its co Jumna; I was preeent when Wuring and Murphy had an Mr" Herrick in the editorial room of the amm office, some three or four days after the Indictment was found against Mr. Herrick. . 'Be Court?I believe I was the only one In the room for Mr in; tke7, in end asked .v Herr,ek1i th?y were told he was not in and said they would come back ; they came back in about an hour afterwards, when Mr. Herrick was there Murphy was the particular spokesman; they were mj importunate that Herrick should go and see Wood, as he said Wood was very anxious; Murphy said he was verysorry for the Indictment, and if Mr. Herrick would see Wood, ho was sure it would be all right; he did not say how the Mayor would fix it; Herrick said he would not go; it was of no use; he did not want to see Mr. Wood, as neither he nor anybody else bad anything to do with the matter, now that the indictment was found Mr. Merrick said to Murphy something to the effect that if 'Bey wanted to fix it, they might fix it among themselves these two went away without Herrick; think 1 saw them there once afterwards; Murpby said he would go and see Mr. Wood himself; Herrick said, "WelL if he chose he might; he did not think it would do any good." Cross-examined by Mr. Hall?I hare been many years connected with the city press sf New York; I have been on thelites going on three months: I know the course of tho AMas from having read it: read it last autumn, as I have bei?n in the habit of reading the city papers' the course of the Arias last fall was very favorable to Wood; I may hare read, but do not remomber, editorial articles about the appointment to a cap taincy of police; Murpby intimated that if Herrick wou d go and see the Mayor the mattor not might be but wo??ii i. Herrick h Ropes are the announced publishers of the Arias; Ropes' first name is John F.; the hAriUs?n 'Be imprint are lienick & Ho e?, without any Bryan McCahi!!, examined by Mr. Whiting?Q. Wiiat la your business V Witness, (with a rich Iri-hbrogue and with comicality of manner,) Itake eareof my own property once in a while, and make the most of it; X build houses them '' take C*r# ?f WJ nnts whfn 1 can ffet Q- hav? Been cafled to take care of the property of the public, too? A. Aye, have 1: they made me a Coun cilman, (laughter throughout the court, which the offi ?J",e"dea2Sred ,t0 ""PPress.) Witness, (to Harry Bar tholf, the officer,) "Oh, let them laugh?who cares?? , v- ?J[? in the Common Council? A. 1 am a mlm ber of tlie Board of Councilnten. WhaAd.l5ti?cti d,1 y?u "Present? A. T don't repre nt any district at all; I represent a whole ward as well as l can. (laughter.) Q. Do you know Edmond Waring? A. I do; and if you wLr,hruih^i?tnT7 iD?y> ,wU,?"e Counsel consented, and the witness proceeded to tell bis story to the amusement of the whole court ? 1 informed by my family on Satburday evening that a gintleman of the name of Waring called 1h< re and requested me to call to his place. Well, I am purty busy in the coorse of the week, and I arc not oyer scrupulous on unday about taking a walk round; and so 1 called at Waring s place next day. He begun to tell me about the change they wanted to have made in the grade of the street, and showed me the profiles: and. from what Ilearn f ' L*" C8nd:dly and eonsclentlou-ly in favor of cliang iDg the grade. I would be so if it was own property, and IT1 did not think so 1 would not act different from other .w ;VaI"r had talked together a considerable, and 1 'bought it was about time to be going away, he came as far as Second avenue with me; I b-lieve he round; 1 was favorable to the change thin he proposed tor -ne to take bould of it, do you see ? to take charge of it, and that he would pav me well: I amvered him in a | manner that i am now ashamed of, fn a very uncouth and unpolite manner; I tnuld him, before 1 would be I 8"'"y ot that i would go to lie 11 tirs-. (Roars of laughter , which the ofbeere vainly at'empted to suppress.) Thai I Z ,!i?. I *ry " ?!'d,' d> J *'n acquainted wtth him some time, and i tonld him, "Yon ought to know me b?t .1, i1?"1. ?! a,D f"Ten 1 ^ ln ptounla ry wsv? you hould not think me to be guilty of the like, for i could row, up my sleeves and begin with nothing as I have J done; so he modified and spoke in strch a porlito, win tee manner; and tb?n i cooled down a'ther the storui pa -ed oyer and I tould him that anything I could do that was right of raisonaMe, f would pare no time in doing it, but not opon the grounds he.mentiouod- "You missed your man," ses 1. Q. Did ho xtato what amount he would g reyouv \ j No. he did not state the amount he wouli pay me but | he told me he would jwy me and told me there were rich body'r?lt-S"re Wh? * ,,ay ?laving, md orsome lf ^-rwSf'V"~Tte on'y cro'< examination! will make. \Ir. 1 m'r re-etectJo'n e3tP">'" U'C b"PC ,!''at you ar* a W1' JJ^fBlli.?Well. sir. 1 am, and unsolicited. Mr. Whiting.?I glid to h<?,ir it. I Mr. McCahili.?-I was not, sir. rhey gate me the nomi nation unsolicited and spontaneously, or t would not he I IZf' . *?"Wri Vk* U0? ?,n') ? candidate for nomination the first time. It Is only ? loss of money and loiu of time t" m'\ (foaughter.) ' diaries G. Water bury examined by Mr. Whiting.?Am a umber merchant; have heeu engaged n business here dtteen or sixtsen years, am acquainted with Bdmond vvaiipg; have had convimation with him ou toe subject of being a witness. J 8' '? a,?d 1811 wha< 'ha' conversation was. I f^,nu objection to the defence going into im medutely collat. ral matter, but he objected to going In to all aorta of collateral matter. . R,?TVelt ?'m?srbt that the trial could neyer be ended If all those collateral matters were oU.iwed to be g< ne into. Mr. Waring should be ft party to this i?sue if Huch tXAinuiAtion wis allowed. Fxeurination ruled out ot order, and exception taken, me cafe for the defence reeted here, and rebutting ten titiiopj wan entered on for the probation. John Murphj examined by Air. Iiall.?Am a denier In buck and lime; my place of business is at th? toot ot I wenty-third street, East river; tlis name of the firm Is Murphy k Bow land and Murphy A Hesbltt; I am a pro ie>rty holder en Eighty-sixth street; I hold 100 feet in Iront; my property is within 180 or 200 feet of Mr. Wir ing's property; 1 own some other property in the Central psrk.jwmimber being in the office of Herrick A Hopes with Mr. Waring when a eonversatiun took place about this indictment. ' . g .^^'hat was said there- A. 1 went there to try ?o get Mr. Herrick to see the Mayor, I .noeavured to get him to do so; Herrick said he would not at present "eo the Mayor. 1 L?r ,dld not an7 "n,! au'Borire you to go there? A. Mr. Waring was the only une with whom I had con vened on the subject. Q. Previous to that, had you any conversation on the subject with anybody elsi-? Question objected to. Mr. Hall insisted on the pro prietyot the question, as the counsel for the defence?two Of them "learned In tl.e l?w"_had thought proper to make it a materia! issue ln this case that the Msvor of this city had instigated Mr. Murphy to bribe Alderman Iterrtck, and he proposed to robut that. Mr. Busteed contended against the legality of the ones klnM..,?' *n"W'o which of the three counsel the District Attorney had alluded to as not ?' learned in the law. It could not be to him. as be had, not lorn age, publicly alluded to him hi this court as one of the most learned criminal lawyers at the bar. Mr. Hell explained that on the occasion referred to, he had alluded not to the gentleman who had jnrt spoke but to his associate in the ea-e, Horace F. Clark Judge Roosevelt admitted the question, and exception 1 was taken. * qt Were von directly or indirectly author!red by any. If-y; CD. *?-bT whom, to make a proposition to Mr. Herrick to see 'he Msyorr A. I had no connection with to& n^X.Trriri. "r,t t,n? ' Q. Before yon were railed into the Grand Jury room had you staled to any one, an.) If so, to whom, the know edge you possessed relative to the cheek transaction be tween Alderman Herrick and Mr. Warlngr ObjecteJ to, and question withdrawn. Q. Before you wete called into the Grand Jnry room did a person have a conversation with you relative to the giving of the check to Alderman Herrick other than Mr. Waring? Hame rule and exception fas en. A. No, air. Q. Did anybody bare any communication with you, dliectly or Indirectly, in any xhape? A. No, fir. To 11.? Court?I neither made nor reecieed nay; Mr. Waring Hut Induced me to take an internal in the highty airth Ktrect grade about the lit of April laat. I'rma-eiamlned by Mr. Brady?1 liecame ae<)nainted with lernando Wood flfleen or alxteen yeara ago; hare not been well acquainted with him dnring all that time; I bane been more Intimate with him xince be haa been Mayor; that Intimacy aroee from requeating fcvor* from him, app ointmanta and ?o forth; he granted two, three or foor, I think nltogether on political grounda; he and 1 being of the aanae polltioal party, | ahonld rather think thin fcvor wax from the noaition I held In the ward ae a prominent man of the party and meml*r of the lienor *1 Committee; 1 waa active In the election which reenlted In the return of Mr. Wood to the mayor alty; T do not know how much he knew about my acrid ly; I belong to the xm committee in Tammany Hall aa be: there tax been no intimacy between na e.ceut from rolHlca; it baa keen generally coneidered that I have in nence wi'h tbo mayor. I itten led to my own bu-lneea ail f&c ilat that tkia quexfccp of cfennginf the grade of Kigh street w?? In the Common Council, 1 'requested the bail while the thing wax pending before the Common, Council, beginning probably In Apr* or May; Mr T^jod went into office on the 1st of January preceding; '1 had been frequently at the Mayer's office botwean January and May; I bare seen him at hla private nffl e and alone, in regard to appointments or public business; after thia proposition was up I visited the ball every time the Hoard met, ami called at the Mayor's office almost, if not every time: (knew that a bitter controversy existed between Herrlek and the Mayor; I read the articles In the Ada* against the Mayor; 1 should snppose that Wood was personally very hostile to Herrick, b it 1 never heard iiim say so; I did no: know the probable coarse of Wood as to the Eighty-sixth street matter, whether he would veto it or not; I never told any member of the Common Council decidedly that the May or' would veto or approve it; I have spoken to dj~ derman Drake, and may have expressed a confidence that the Mayor wonld approve it if it was passed; this I did without any authority from the Mayor; I de not know who subpo-naed me to attend before the Grand'Jury; 1 think the District Attorney's named was signed to it; i cannot say how it was ascertained how I could give In formation respecting the matter between Waring and Herrick; I am sure of that, and was very mach surprise! when I received the subpoena; I had a*en Mayor Wood I suppose a day or two before the subpu na waa served; I think I saw him ibe day after the resolution was passed In the Board of Aldermen; 1 saw him for the purpose of getting him to approve it; he did not say whether he would or wonld not approve It; he said there were some remonstrances sgalnst it and that be would give me a decided opinion after ha read these papers; I called on him the day we went into the < I rand Jury room; I do not knew whether before that day he haa approve,! it; I think ho signed it on the 16th; I do not recollctt whether 1 knew he had signed it on that day; I waa not present when h? eld it: 1 was not at bis office till after I had been In the Grand Jury room; I had not seen him the -ligflt before or that same morning: I sometimes visit the Mayor at hla house; I was there last night; I was with him alone about five minutes; I was there altogether for three quarters of an hoar; the Distriet Attorney came in while I wait there; I bad seen him alone at his house a short time before; not the night before, nor Monday* Saturday, Friday, Thursday or Wednesday night; I do not know when It was; it was by day; the friendly rela tions between me and the Mayor havo not been disturbed since 1 testified before the Grand Jury, we are on as good terms as ever; he beard my testimony in th? Grand Jury room; I do not think there is the xh^fhtext change in oui relations; I did not go to see the Mayor when I received the snbpsena; I saw Waring when 1 went to the Grand Jury room: I waa not surprised at seeing him there; I called at his office, and hla son told me hewae subpoenaed to go before the Grand Jhry; at that time I think I did not know that the Mayor had signed the resolution changing thegrado; I think I went in alone to the Grand Jury room, and that Waring stayed outside part of the time; henna partial statement while I was in the room; I hail not got through my statement; I had not declined telling my story; the Mayor either was in or came in the Grand Jnry room while I was there; I think that Wood and Waring and I were all there at the time; I was not present when Waring made any objection to answering questions; I was there, I think, when the law was rpad to hira, and i think the Mayor was there, too; I was quite confused, and cannot bo bitre; 1 think I was not there when Waring swore be did not niter the heading of the check: it is The first I heard of it; I was called in a second timo the same day, and made a statement; while Mr. Waring was making that partial statement, I can not say whether Wood was there; 1 cannot ? btte precisely what occurred there as, I was confused; (think Waring and 1 came out together, but do not recollect leaving Mr. Wood behind in the room; saw him come through after wards, but I did not then introduce Waring to him; 1 then went to the Mayor's oflice to see whether he had signed the resolution; the Grand Jury had discharged me, but had not just then discharged Waring; Waring made tlie suggestion to go to the Mayor 's office; ho said if he thought the Mayor would sign the bill he did not. care; he would tell tlie whole story, if he wns certain It would mako no difference in regard to the hill: we found, on comparing notes alter he came out of the Grand Jnry room, that we were not correct?that is, that I had made one story and that he bad made another?and whether tie went back and luxde it correct deponded on whether the Mayor signed the bill or not; we then went to the office, and 1 introduced Mi. Waring to tlie Mayor; I said, " This is Mr. Waring;" I think I had mentioned the name of Waring to him before; the Mayor said that Mr. Waring'a story and mine did not agree, and that it was the opinion of the Grand Jury that Mr. Waring had sai l enough to indict him, or that 1 bad; he said that we each of us gave testimony enough to indict either one of n?; Waring then told the whole story to Mr. Wood, after Mr. Carter came in; Mr. Wood sent for Mr. tkirter; Carter -aid he had thought that Mr. Waring would, on reflection, do as he did do; Mr. Waring said that the reason he did not like to make a statement in the Grand Juiy room was that he feared to criminate himself; 'he Mayor said that the law would protect him, and that be would protect him; the Mayor said, when we first went in, that he had signed tlie resolution; ho said someth.DB about this in dictment having no effect upon the law; l was on speak ing terms with Alderman Derrick; I west into the Grand Jury ream the next day, the 18th; am not sure whether I saw tlie Mayor that day; 1 was at the Grand Jury room three times- I do not know whether I saw the Mayor there more tlinn the one day. To Mr. Hail?The Mayo- has not bad more than cue room in the City Hall; everybody goes in 'hero to tee him; it Is culled his private offi ;0, but there Is no other room there except that where the clerks have desks; the Mayor was out of town in the summer sea?un; I heard he was at gatutoga in Ibe early part of August; I was first introduced to yon . Mr. Hall) yesterday moili ng, wh o went to your home to see yotf. The ease hero rested on both side- . Judge Koosevelt asks-l the District Attorney to show him tlie affidavit which ho had offered, and in which the Grand Jury had initiated proceedings. After reading it, he asked Mr. Hall whether ho proposed to tiic t now. Mr. Hall un-wored that ax he had offered It, he wax wil ling it should go in now. Judge Roosevelt said that the only tiearing which the affidavit had, wa? to show that this indictment was not the result of Conspiracy, but thai the Grand Jury had acted on the affidavit' f th District Attorney; still, he suggested to Vr. Hail that it would be ax well not to put it in evidence. Mr. Biady objected to the affidavit a- irrelevnt, and ns it was admitted?though uot -s ev den - of its c n t?nts?exception wax taken. Ibe Court then adjoutr.nd til! rhur .d: morning, a: Id o'clock, when tlie case will he summed up and given to the jury. FINANCIAL AND COMMERCIAL. MO SKY MARKET. Wkdnwimv, Oct. 24?0 P. '4. Tb. xtock market opened at the firat board ;k!< morn ing with a slight improvement. Tli" panic of yfster<l?y was considered somewhat excessive, and it wn? g'noriklly believed that prices had been submitted to cn the oasis of the worst poss'bie news to be received by th* Africa. The variations at the first board v* re as follows:? Beading improved .'4; Harlem, ; Cumber land, tj; M'? souri sixes, >4; Nicaia^ua, l4'. Toledo dechned Jjg; Chi eago and Rock Island, 1%; New York Cent.-v.l sixes, >?. We see no reason why a Central si^^^ent bond should sell at 00while other equally good seven pe- root bonds are selling at a lower figure. The Michigan Southern bonds, for instance, are equally perfect, so far as safety is concerned, ami yield one per cent larger income at the same price. A large amount of New York Central was sold at SO. A brief account of tbo steamer's news was received In the street betwaen the boards, and produced rather a favorable impression at first. The price of console?the best criterion for the state of money matters in F-Vope? instead of being one to two per cent lower, ..s was antici pated. was one-eighth higher. At the second board, the market was steady en the tirsteall, but closed heavy, with a decided disposition to sell. After tlip board adjourned, Urge- sales cf Krie were made, the pri0" l*11'~>g to 50>g. The receipt" .ho Assistant Treasure) - office were as follows Paid>a''f?a fj account, .' $6 469 16 Received ? " 110,004 11 Balance " " 7,141,360 04 Paid for asiw.y office 0.166 'W l aid cn disbursing rhecka 33,819 04 Mr. Albert H. Nlcofay's regular semi weehiy auction tale of stocks and bonda will take phi re to-morrow (Thurs day ) at 12o'clock, at the Merchants' Exchange. The Galena and Cbu-agu Railroad Owpany have '.'40 miles of road. The original main line from Chicsgo to Freeport, 121 miles, ia completed and in perfc-t running order. From it the company derive, at preeant, the prin cipai portion of their income. From Freeport to 1 -? lena? or rather Dunleith?a distance of 67 miles, the road, by arrangement with tho Illinois Central Company, was con structed by that company, and is now owned by them. By contract, the companies divide grows receipts pro rnUi per mile. This arrangement, both in respect to the ori ginal construction and to the division of receipts, is con sidered decidedly fnvorable to the Galena Company?the portion built and worked by the Illinois Ceutrni Company comprising the most expensive portion of the rente and all the heavy grades. From Chicago the Galena Company have another line running 136 miles to Fulton, n point on the Miaeisippi river 62 miles below Galeae. Thi? one ia open nt present to INzon. It ia fla shed through to Ful ton, with the exoeption of laying down the Iron on Ave miles of road. That will be done in a few days. The management have pushed this road through | as speedily as possible, in order to accommodate the large amount of business naturally concentrating at j Fulton, from Iowa, and along up the firtytwo miles of | river to Galena. I The St. Charles Air I.ine, recently purchase) by the Galena Company for (640,000, was to have run "rum Chi cago to the Mississippi, between the Galena Company's two roads to a point about half way between Galena and Fulton, it was the only rival line ever apprehecieo by the friends of Galena, and is now their own property. Be sides valuable privileges, material, and ten miles of new track, the Galena Company acquired in the pur-haee real estate in the dty of Chicago now valued at $300,000. The Galena Company have one and but one, branch?twenty one miles?to Belolt. It la finished and paid for, and brings la a large amount of burins - ? W >h the exception of nineteen miles of road from Cotuge H J1 to Rgtn, estimated to cost $.00,000? <ies>at> In par* to eut off an angle and partly as a second tra"k?the Galea* Company ban no more roads to buiid. fl nr wort jg