Newspaper of The New York Herald, July 22, 1857, Page 2

Newspaper of The New York Herald dated July 22, 1857 Page 2
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s KWZOIFA& ArrAXM. Legal Proceeding* in Street Com issioner Case* Thf Hdropoliun Police Commissioners to be Puraikbod with Ponds. Operations at tlie Commissioners' Headquarters. If? Appointment as Tat in Place of President Draper. ? ? ' ? . ? - .. nr , . uincnuion 01 Lne oevenieenui w ara moi Investigation. Vital and Sentence of Rioters In the Special Sessions, te, Ao?, *? Strwt CenailMloMfi Cue. BDfdll t OD ?T?sPBCIAL TBKtf. Be'< re B< n Judge IVab >dy. Jut.t 21 ?Tb? m t>er?i>o lb* disposition of tbd book* Of the street Oomtnliwinuer's Department was, at the re quern of Mr rteM a jointed to 'Wednesday at 11 o'clock, onaaeet brief engaged in the habeas oorpaa berore the Chart of Common i'loae. The Custody of Mr CharlN Pevlln. BBTtntN or THB HaBSlH COB PCS?AJMUKJMT THBBBOK rOBTCONBO. OOCST OP COSMOS FLKAH?ePKUAL TUB Before Bon Judge lograham. The habeas oorpua taken out by the Corporation Counsel on behalf of Mr. Charles Devlin being returnable it 10 O'clock yesterday morning, before Hon. Judge Ingrnhnm, ttie Ooirmon Pleas chamber was crowded by (be friendi of that gen<lemaa, members of the bur end others. Mr. Devlta was present end looked extremely well after bis brief Imprisonment He sat with the mort stoical oom posers, apparently aa iDdlflb*eoi to the proceeding! a! nay spec aior whose liberty was unaffected by them. Mr Vanderpoe , counsel for the Sheriff, add -oestug the Court, said thai In pursuance of the writ of habeas xirpus the Sberlfl now ptod> oed Mr Devlin, making return to tta? wrt i that he bad Charles (Vvlin in bis custody, and held bla by virtue of a warrant issued by Judge Peaboly, of the .Huprsme Court, a coot whereof he anoxed Mr Brady -aid Ihe return preeerted merely the procm*, and ibey proponed t > show the want of any Jurlsdic tloe to Issue such a warrant. It was very plain on the face or the pr ?cesa tha. there was no Ju> tsdiotiou whatever on the part of the offices who l??ued it. They proposed to give proof of this under the 63d section of the Revised Statutes, hK-b be c ten Mr Field would hke to ask the Court If there was not first a preliminary matter to b? determined. As the return read, It stppearei that [tantel D. Coojeer had an In teres I in the rase, and the statute required that he should bare dors' notice of the argument. Thr ( jmrl iMintrw vhil IntjirMl V., In IKn Innl. I aonmcDi or Mr Devlin? Mr IJjel 1 replied that Mr. Oouover'r Interest consisted in tbe nocxeHty for bl* i tung possession of the books; and the Imprifoomeni of Mr Devlin was because of bis denial to rive up iho-e b. ok*. Mr Brady supposed tbal the in to real contemplated by the statute was a private and peconlary interest? not a (r> coral Internet. nor that of a public agent, nor the desire !o have a man Mb prise nod. Mr F1< li contended that the notice spoken of to the statute see as neoeaeary la public ae In private natters. The Court decided that Mr. Cooovsr had net such an interest a* the sta'ute contemplated. Mr. Devlin was Imprtsoocd for a n?gleet or refusal to ohey an order of tbe Oouit, sbich req trod blm. ae a private cUlsen, to deliver oertaic books and pa >ent to a public offloer. Mr. Oooover bad only an tntereat aa a public agent, not as a private p#r?oo Mr FVid did not aee, tf they were not entlUed to notice, Chat the) bad anything to do tn the matter. The uwrt did not decide that they w?rn not entitled to son e n< bee. but only that tbry did not oome within the prorlrton of tbe statute if qutrtrg eight days. Mr. Field then b#gged to object that they had not eufll otent msice They bad oaky r?delved notice yerterday aftertHoo, at d having to prepare la other ma tera?the nreumei t for Injnnctior i < this oourt and at other before Judge Frabody? It was impossible, unless he were omnis dent and omnipremoi, to be ready In all theae matters at once, and on tuch brief notice Mr O Goner ooondered that any gentleman who sought to iwprlsoo the Mayor the fltreei Oommlwioaer and otber fUDOtK.o trtea on light groenda, should be omnipresent and omniscient likewise. Mr Field rene ?ed hie objection that they had not eufflgtsat aottee and c old not argue the naaa then If Mr. Devlin fr*un1 It warm In .isil, the ShortM had him Id charge and B'ichi take him out in the evening and regale him. Mr Bueteed? Vee, but ha U dented the proiita of his efbee aii tbe time Mr. Field had understood it to be olsimed that there weie no profit# be> ond the salary of the oflloe, which Mr fk*mn If lawalls lh? 4lreal IVtmmluifinnr maiiIH have although la jail However, lh- Corporation Counsel should be sepj>'*e< o know, nod If be stales lb?re were p'Ollls or the office bejond the salary, be aboald not contradict bin. Mr O'Cmor opposed the motion fbr I infer notice The turn to the habeas oorpne stated that Mr Devlin was in ouMo y under a warrant Issued by Judge fee body. Tb?y proposed to show, by the record of proceeding* before Judge Pea body, that tbe'e was do .turudtcti a, and they asked to prolans bo other proof- nothing but what was In writing and had been soder the aaprrvisioo of the counsel. There was no necessity for time, thes, to Invertigele matter of fact, and or r tain 17 lbs counsel wool I sot a?k time to meet the qoes Hoc of law When as indiriduai wai suddenly arrested the pan7 who seeks to ooaunoc tint Imprisonment was bonnd at once to show the legality of the war rani, and to /astir? it se a matter of law As to the other reason, that the learned counsel bad another motion to bring on, mere was no reaeea why that should have precedence of the habeas corpus. Mr Field was ready, If counsel would a?gue tbs matter on the warrant ahme, to go Into It now, otherwise, If the proceedings wore brought in, he asked time Mr O iluoor said that the return presented merely the precept of arrest That precept wan somewhat carefully drawn, and suppressed a rartety of facts la relation to tbs ap dicatiot for instance. It did not set oat liasiei D Ooaover's title to the office of rttrset Commissioner. Tbry wished to put la Mr. Gooorer's sill dart I* and the precept owly. Mr Meld objected to going on without sa opportunity of examining the maw of papers, unless ins Court decided that the; should, when of oourwe be would submit. Mr Buetred was glad the oouaeel was so submissive this marolag, sad not ready, as heretofore, to trample every owe under his feet. Mr Field aid not deem It worth his whlls to reply to the gentleman's obeertauoa. . Mr Noyos wtseed to observe that either Mr Oooover was enutb-d to the etgbt days notice the statute prescribed or to such uwm as the uouit should think reaeooah e If he was not rniitled to one or the othsr, then the District Aitori e> would be entitled to n dice in a criminal proceed lag The psrpoee, as be understood it, was to sat far Mr. larvlla's dlaoharge, oo the ground thai the officer Issuing the wrM bad soyarisdlalios Now be did not understand thai any ravers* bad bees made to the return to create ae Moo*. aa r?<julr*d by Lb* rialutr Tbe Court oueeidered Ibel tbe 6M McUon contemplated ?wo ihw? 10 the reiora Mr. Hrady aaid they mould muiotl neb aa iHtir at mm Mr Find eappaaed U.?y bad brut adjourn the fiearlac U dm! morataf, **d the aijjwer oonld be made uut la the Mr Brady?We caa de It mw; we aadanual Ible Mr Km Id-I do a*4 preload thai yon do aot uaderetand It I a ani U>* matter m avaaa rrrer, aad to ataad orer la aot to aaderataod i i-auf bier ) Tb? foiki* l# paper w?e drawa up Ml aworn to by Mr DeoUa ? The prim- o?r Char lea Derlla, for a newer to the return made *o the writ of habeaa mrpna iaeued la tbta prooaed lac. Md In eupportof ata appbeetloa to be dlaoborced from oaatody , ailapea u>at there was no jariaalcUoa to laene toe raid warraat act fnrtb la the reiura, aad la enpport hereof bo aUrfee ibe errrrai ?? of faol eok ftwib ay IBabarl Rurterd la tbe pr una for the writ of babeao corpue la tbta matter, whica matter* of fbci, a< the* eet forth, are tree CHIRJ.H OKVL'N Bworn tbM tlet day of Jely, 1W, before mo, 0. 0. Uoaaoao FirwtJocge Mr Noyaa objected in tbe treveree aa Inaufflrieot It etoiad ae fad, but merely a matter of lae. d*ciariaf that then war oe Jtriodicuoa Tbey oould aot ten ?iu to Mower. Mr 0*C mot would la fern- thr coenrei tbat their po at war. thai oa Mr ( ooerer a owa paprre it appeared, by a oarafal aeppreartou or omlartoa of tbe (hoi, that br raa not ibreet'tornailmlooer eeona'ly, that ereo If Mr Coeovar ware Htrret Oommimlnoer bo did aot ebow tbat Mr. Hewtla tear pimewed aim?elf of My boob* or paper* beloa#lof to him la tbatoa taoity, la rucb a way ae to man* Mr liwrHe eebjeet to pmeeedioea Tbia would aerri for the ta'orne toe ef the (muoaal, aad It wao aot aeoeaaary to wot H forth to tbe warrree lb* oWwhary* of tb* i?rty should b* im fortli is lo<> <%a*wer In lb* rufu'i He would adj win tb* hesrinr of tb* srfusxwi u*a: II o'ekefc lo day (Wodnmday>, sad Is lb* meantime u>* 'rarer** ooold be *err*d Mr Ruriord ms*I* spirftnaUoa Ibsl pmdinf lb? hearing Of lb* *r*nm*ot Mr Derha sbonll b* tsk*n from tb* . osludy O) lb* Hbsrlff. which wis rigorous to him, sad oa pia ?d is custody of lb* dork of lb* Court of Cjmmoo nsua Mr fVM wanted lo ksowlf th* ciunMI wlahod lo burs Mr t?**Hs put oe it *f Mr Bisim wippiHod II might b* a rsry good job* to th? learned gentleman in bar* Mr b*Tiis tl prison, bst U wss at s* r ?? m in htm Mr Field bud so wish to put Mr. Osutts Is say as Bars* Mary wouotmhuim*, bat N Mould be r*u?*ai'>ur*d he bad bu*u adiidyer . U? of oonlosipl Th* (Juuri denied Mr Ro*t*od'* moUoa, sad lb* Rberiff mumad lbs euatudy of Mr. Da*Ha r*m rw/rwomu *o*ta*r m*?*sb, hi ?rmou sot now sm ?" rnwrmrra- w?rw sssu u**S raai sr>ta<u?rns so Tios son onwruurr To ?? riser nsiUb Mr Fluid mored u brtuf on tb* hearing of moVoa lo bow euu** wbj th* bij.ioiina aguiaet I i**i*l I> Oooorsr bd olbsr*. pr*r*?Unf tb*s fron. interfering with th* brat* awl paprru *f th* ft reel Uommtwlnner * offlo*, ubowld U<d l?U onwtinuud Thl# r we <u orV'nely Ml 1?WS by Judge IngrahSUI for tb* lltb.bat n* rr yndr at si srUsr was tnsds, retting dotrs tbe beartac mJBlfB. IT Mr. O'Oonor opposed the bearing of the injunction case until the motion pend'ng against Daniel D. Conover for contempt wta first disposed of. His Hoo>r would reooltci that the order to shaw cause why the isjunc ti n should not be continued, wan Urst made for the 24ih tost. The trmpo ary Injunction was served on the parties, and| violated, and within an hour or so after lis violation an application wa? made to the to rt to bare the bra leg of the tnj.ncion case chart (! to the'diet, whi ib; but the 1401 that the violation of the injunction took niece Immediately pre'I ous to this anplv-aiioo, at d thai the Court was Dot at the tiuie aware of such vlola'lin. (rave him a rtgut to ark that the order made on Saturday he vacated or modified, and ibe motion for tiuu bment agttmM the parties concerned In the oontrm w be find heard Mr Fiku> hoped that iDe hearing of the toj melon would not be delayed It was a remarkable rant in this cate mat the main gro-ind on which the inj mcilon waa oh I tned was that a certiorari had been issued out of the rmpreme Court, which stared the proceedings, and i? *t? faaratl one of the Judges of bat Court wouid auobey it That irjanrtioa was kept until the oertiorart was super 0{>< qc % Mild wii d* v0r iLsod, onr tn*rudO'i to bo u&od, until t?>e supersedeas nt not out Oo the lfthJudgs Peabody d-cioed that the Certiorari wan a May of proceeding*, and oo that very day the* gut tbi ii'junction fur ihe pu'P ?r of uring It, when Judge Dane* should auper*ele hie certiorari the next day. Now waa that the sort of indirect proceedings to be euetaioed by this Court f Thi* Court was auked to do eomcthlDg In all or the Supreme Court Theee oiroumstanoes, ne alluded t? for the purpose of answering the application for post poDemerit The comity or cocM* required that thta in jane tlon nho .Id Dot be condoned any longer than It oould be brongbi for bearing before Ihe Court. lfr O'Conor replied, that any allegation* of counsel at to mal practice In obtaining the injunction, were out of piaan. The Ha pie matter was, that the Injunction had been ob tamed, was served, and waa violated Before pa tors oould be made out, to have the party answer for contempt, an application was made to ha ? the bearing of the lnjuac U<w charged u> an early day. Now. there had been aome talk of candor If the learned counsel had told hit Honor, when app'jtng for that order, that that very injunction had been t'tated with utter oontempt; that they were doing just as tbey pleased, in defiance of it; yet. nevertheless, hey matter of favor, that the hearing be changed loan early day. If they had made ihlt candid statement, would the Court have granted |(hetr application? If so, It oerlaluiy would be ebowing a meek and humble spirit, very commendable in a Christian, to whom it was comminded to turnibe left cheek to him who smote him on the right; lut fur a Judge, silting In a court of justice, issuing and exercising judicial powers, it would not become him to grant any facer* or tndulgenoe to a pary who thus despised and trampled upon nis authority, and whose bauds were red with the marks of his oontemp'uous violation of the process of the Court He would add that tbey had no desire to make the Courd decide the m Htoo for contempt until it bad heard the argument on the validity of the injunction, but only that these things should be beard In Utetr natural order and equrroe. The Court said it was proper, after the remarks of ooun Kl, to Bay that In grantiog the injunction the certiorari bad never entered into his thoughts, and was no ground whatever for UU injunction. -*o far as regarded the Supreme Court, tbc ac ion of this Court wu not lnlendtd In u; way to affect the ajtion of that. Tne ordinary rule, In not allow id* a party o appear who waa Id contempt, ap plied to parties when convicted of that conempt Id this case, ho we rer, where there was prima facie evidence of contempt, the party ought not to be allowed to move for a discontinuance of the Injunction until the mo tlon tor c< ntempt waa drat heard tie would, thereto-a, vacate Lis order changing the hearii g of the tnj inc lion fiom the 24ih to tne 2lit, unless oounsel were rsady to go on new and hear the motion for contempt. Mr F eld tail he was ready, with the oiccptlon of drawing up affidavits, which would take about half an hour. The Court adjourned for an hour, at the explrstlon of which time Mr. FUld appeared, and stated It woull be im possible for him to be ready before the morning, and as the oo inset on the other side offered do objection the case was adjeu ned to U o clock ihli morning The following is the order issued by Judge In graham to Mr. Conover, to s? ow cause why be shoal* not be attached for of Court:? , oai fg to show c.irsn In Ike Court of Gbmmon flea.', City and County of JVew Fork ?The Mayor, Aldermen und Commonalty of tne city of New York agalne; Ilanlel U Cooover, Charles Devlin, James C. Wtllett, to:.?L'pon the complaint and affidavit verifying the same, and the Injunction Issued in this action, and upon the affidavits hereto anoived, It Is heroby ordered that the defendant. Daniel D Conover. show cause before n<e, at a special term of Ibis Court, to t>e held at the City Hall, iu the city of New York, 00 the '23d day of July Instant, at 10 o'clo k In the forenoon of taat day, why an attachment should not Issue against him for contempt of this Co art, In disobeying the injunction served upon him la thie action. 0. P. INtiRAHAM, Firat Judge. Richabd Brnrra. Attorney, New York, July 30 18*7. The stlidavits referred to in the foregoing order were eworn to by Jaa T. Brady. Thomas Carrol). Charlee Tarner. Charlee Jerlln. Jr., J. W. Bennett, Patrick Devlin, and Francle Byrne. Merman In tlen Street Cemmlnlener'e OIBm. Mr Oonover and attendanta took poRieeelon of the Street Oommirslocer's office yeeterday morning, at the uaoal Mme for oponlng It, whereufon Constable Farnngton and the eqnad of Metropolitan police retired. Theae parties remained in poeaeaeion of the office all day, In perfect peaoe. There were no police In the bull.ling. The freest ingress and rgreaa wai allowed to everybody. No Important buataeee that regaled the nae of the hooka and istpera was tr an (acted, but preparation! were made 'or actively carrying on tte ha staeaa of the office. Nomrrona parties were in during the dar, making Inquiries about various matters In regard 10 the streeta, and as this Is one of the principal braacbee of badness In Uts offlse, It was fully attended to yesterday A paper from the Court of Oommon Pleas was served on Mr. Onnorer daring the day, asking him to show etna* why a process should not be Instituted against him fbr contempt of court In violating the Injunction issued by Judge Ingraham He referred the manor to bla oouosel. eboattbe outidlng yenterday. Eeery one Me mod willing to leare the letne or the queetioo to tho oourta At 4 o'clock P M Mr Oooorer mod attro I ante left the office, which wm? again taken poeneeelon of by tho oon table Farrtngton with a aqoad of Metropolitan police. Mr. Oooorer la till hel.l under nominal arreet bf Sergeant One Iter, bat bee not yet fteeo carried before Police Joatlce Welah for exmmlaatioa. The (lOO.OOO for the Pay of the Metropolitan Poller?Temporary Injunction Dteeoltree], and Motion for Continuance of Injunc- I tton Denied. OOI RT OP COMMON PLIAM. tie fore Hon. Judge Ingraham. JrtT 31?John fitrpetrick m. the Mayor, OomptrnOer, Me ?The motion made in Una caae la for an Injunction gainat lie defeadanu, rRetraining them from algnlng and paying a check for $100,000 to the Mute troaaury, Tor the u*e of ibe Police Commteelooera In paying the Metropolitan police of the city of Mew York. The plaintiff, ae a taxpayer, for hlm?alf and otbera aakx for thla relief, upon the ground that auch payment cannot be made until after the amount 10 be rained by tax for 1M7 for potloe purpoaee, ball have been collect*d and paid Into ibe city treasury. That no part of the las for the preaent year baa yet been collected from the taxpayer! la conceded, but It appear! by the ar.nwer of tba Comptroller that he baa rained be loan on temporary botdn a era of money, of nbt< b there remains In the treanury $190,000, apphcaole per'.ally to thla purpose, and that nurh fund", onlean uaed for tho pay of tho pphoe, mjet remain la <be treoexry and ba uopro-tuotire, while the city ta paying interact therefor The 27lb eectloa of tba potior act prortden for the payment of the money 1 to be raised for thai purpose, to b? paid when collected, Into Ui i city treasury, end immediately tbt realtor into the treasury of ibe Hulr end to be paid therefrom to ibe treasurer of Ute or Police the meaning oftbe term "eoliarted" to to be felhrred from tbo 301b eeouoa. where it Is provided tbet the Board of Ha pert# ore ?beli tad nolle* by tax luch soma of money ea Ibe Board ol Police ehell ep portion There can be bot one measing applied to the term "oollerir t aad that la wbea the lax he* been paid by ibaae oa wboae property ibe lax baa been levied, w ben eo eniieeled It li to be paid over to the Htata treaaa ry for tbeee purpoeee. I'sil euih collection 1* made ao maadamoa would Ue against ibe OorpJ r ei too to ooapel Ibe payment, aad onttl eo paid do mooey could be drawn from the Hate Treasury for tbe pay of polloemea The J34 rectioo of tbe act prortdea for Ibe payment of Ibe men la monthly pay omnia, aad the flrvt meeting of tbe Buard of I'oltoe wen tbe period at whlcb their pover aad autboiity over tbe poller of tbe eity wee to commence A etr*cl construction of Ibe elalute mart lead to Ibe reenlt, that although the payment wee tbua to be made monthly, mill no authority waa conferred by lb la act to raiae Ute money by raaa tor meeting these permeate before Ibe tax wee collected The queetloo Uten artoee, whether thin court, la tbe eierctM of Ibe discretion reeled Is It, a boa Id i retrain the officer* ef the city bavlog tbe charge of the public Ircneui}. from making each payments on l of mooey* r*l?ed by them In anticipation of trach lax. The la jury to the plaintiff aad other taxpayer* la not of tbet ericas character whlcb call* for tbe exeretae of thla Cwer. It le not dented but tbet the payment will legal when the tax tberrf w aba!I have been collected Tbt* will probably h*fn Oatober next, aad Ibe lejery and lorn to be sustained le the latere* oe Una turn to be edvaaced up to that period But even that lorn cannot eo retained, or appear* by Comptroller Flegg's anawer, be cause the Mobility for eueb Inte-aet baa already been larurred. and tbe mooey will be Idle la the treasury If aot need for tat* purpose The charier authorizes tbe borrovlag of money fbr public purposes In anticipation of tbe Ux, end a liberal construction of that provision, with tboae 1 ready referred to. would warrant ea advanoe of money under each drou mturee, to meet tbe nereetery pay menu ot tbe department prior to tbe oollection ?f the tax nider tbe 'jfltb erctton. There are other views of this question which have been pre wed spas the Court, and mti? of which are draervlag or coeddergUon Tbe Felloe eel baa been aueUlned by tbe courts, end Is now conceded to he the Itw of the tend, end *11 l??? Inmneletcnt with It are repealed The former pdllee of the city hM b?en dlefenmded, end la do lonfer to nuthorliy, ard m neglect or rtfural to pay the Metropolitan police mtfrM eery much ??**en it? fjrr.e, and create freater etrlln to the karpayem then that now complained of Huch neglect or ref.ieal to pay would alao entitle them to Internet on their wa?es alter they be same dee, and weold thereby Increase Instead of dlalnlahtnt the etpemte II appeare from the nmplaint that htn Hnaor the Mayor and the Comptroller who ere the rierdian* of the pobllofonde, and wit hoot whose tifnatore the parmeat ooold not fee made, are will!** to make the payment from the treaeory; and I am bound to conolude that theee o(Hoer* would not eofeeent to snch a oeurae nni?ee they were MUeted that tech an adeaa-e could be made without Injury U> the public intereat* fun what fear already l>een stated, It le apparent that under aey ctreumrtanoes the lejery which the plaiatllf seek* to prereai would be email In amount, and not of that errtoua character which ehould call for the interposition of Hut (lmi-1 by tr|uontlon When In addition 10 theee coaeldera tione it le remembered that the payment now nought to ft MgeUttd la lAM^ft for U?e pft meat of the polio* of KW TURK EBRALD, WE ipe ctty, under o l?w which the oourta have held to be vn'id end constitutional?that without thet p >lioe the ofy *< old be unpen ectfd? bat the men em 4oy?4 there jo ere, maty of them if oot all, dependent eo their par for tb' support of them-el' re and their famtlie*, I caoo a not curlurr that the evil* wb ch "cmId follow from grunting the Inj' notion wold be much greater than thue* whtoi areriugbtto be prevented by larch og the aid of ih < OpuM; and, although there are (rebates) g-ounte upon wblch the plaintiffs motlna might be granted, yet ! not satlsO-d that even t<> the taxpayers theiraeird*. the ev U which Vb*2d follow from allowing the injunction would not he fee great er (ban ooutd be rr.rjaiot d by he contemplated payment, even If It Involved tbe inee of aU tin Internet thereon fhe Court baa always to exercise a dltcretion In granting er rofi elDg tbe remedy of Injunction, and la my judgment ibal diaorwloc rboulf be ao exercised that a writ which, under proter drtu in -tance*. la a remedial measure of greet value, should not be misused, and iuateaior being allowed lor the protection or the citixm, be tnrnsd lato an rnglee of oppreetion and wrong It la not for every trifling injury or trivial departure from the provtaona of law that the remedy by Injunction should be resorted to, and where the uae of thle writ will caurea greater public Injury than can id m; emi follow ft* m the acta eooght to be rea.rained, I have no hesitation In saving that It ought not to be allow -1 TVvla MmaHv hi it initatinii has alraaii* hitAn ArLnndad noota farther than in my judgment In desirable un ier tne trovistons of tbe Cole. euo I do not think the puollc Interest will be promoted by exbnctnglt to every tecioi"?l violation of lew, without rrgnM to the oontequesoea wblob would flow from it* allowance The Metro poll en Polioe lew bee been saMsiued by the oourle; th? necessity of ,*y ipg ibo?e wbo ere employed In tht? branch of the public lervtne la evident, not oolv for the wke of those em ployed and their femllioa, but also for Ha efflcleocr, and although from a defect la (he provisions of -he statute the mesas of Immediate payment have not been provide 1, rtUl tbere U no sufficient reason why the process of tojunc'ioD should be resorted to for the prevention of an sot which the public officers In whom tbe authority Is rested ran see that sucb payment may be made In alvaore of the collection of tbe tax etthout lojs-y to tbs public interests, 'be reeuN to which I have arrived upon tbe examination of the merits of this mntl >n, > on tiers U unnecowary for me to express any opinion upon tbe question of jurisdlc lion raised by tbe defendant'.-, counsel; I will, however, add that la my judgment the Corporation of tbe city should have been made a party when tbe object Is to control 'heir ag< ats In tbe disposition of money solely under tbe ivniroi of that body. The motion for a oontlnoanoe of the Irjoootioa must be denied and tbe temporary iojunotlon be dissolved. Vise Metropolitan Police Commissioners. Tin RXoirnoM op oommtrsionxr dkapbr'8 rxsiq nstiok?SCRNia and incidknth ik amd about 88 WHIT* BTBEXT?THB TBLBQBAPH WISH, BTO. An on usually large number of persons assembled shoot 88 White street daring the forenoon yesteedsy, It being generally understood that a number of examinations and appointments would be made during the day. At ten o'clock not leas than Ave or six hundred people were ooogrcgated tn and about Ibe vicinity, all anxiously waiting to bear their name* called; but aim, In this they were doomed to disappointment, for up to twelve o'clock no quorum of the Board had convened, and but three Commissioners, vis: Messrs. Bo wen, Nye and 8traoahan, could bo fsnnd. These soon after ten o'clock closeted themselves in thotr room from the crowd oitslde, wboae Importunities and clamors for appointment for wither themselves or their friends daily grow more and more troibleooms to the Com minion, and at present comes verv little, If any, short of the clamorous squabble for office during the palmiest daya of the old ommtaeion in 1H55 Nor U it trsntte, since a pernon now to be appointed or gain the ai> tendon of either cf the Commit"doners is compelled to muster all the outside political loroe tie can poaalbly rake and scrape. It la even broadly asserted about 81 White street that there are certain oolillcal favorites driving a brisk trade in tbe commission way, i. e , by soliciting appointments from the Commission at so much per head, to be paid by the appointee out of his salary after hie appointment, some even charging as high, in an Indirect manner, as $30 or $40 per man. The three Commissioners above named having closeted themselves In the fronts o>m of the second floor, proceeded lo consider several subjects which had been brought to tbsir notice, the most important of which was tbe recent murder of policeman Anderson, of the Fourteenth ward, by a burglar. It wag proposed that some steps be takes by tbe Board to attest their regard Tor his fidelity, and sympathies with the fbnuly In their bereavement, in a suitable and substantial manner : alas, for the board ti attend tus funeral as a body, with their reeyec'ive clerks. While this subject watt being discussed. the folic wing correspondence was banded to Mr. Bowen by the m-esen ger, who had received it from the postman the moment before:? UK. DSarCR'S LSTTRS. New Yobk, July ft, 18CT. Otsn.niF.iv?Understanding that a miivpprehrasioo eits's in your Board In regard lo my official position, 1 deem tt proper to state In writing wha I have heretofore?tale' ver has been forwarded 10 the tioreraor. Bespejt/uUv your o <? dim' ifririDt H. OftAPU. lo tub boakn or Pouch. got. bihg's wcimrcb Ni.w voir. July H, 1M7. DsaB Bib?I beg leave tc acknowledge Ihe renniot of your letter of ibe 17th lout . r?*tfntu? your offlce f (lorain is* loner of Poller, which la hereby aooepled. Very respectfu'tv. your obedl-rt xrtul, JO lift A. K iff (J. Simeon Dairies. Kaq The above letter of Mr. Draper being the Brat official istmatlou the Board baa reoelred from tutu of hit resigns lloe, no little eiciteonont manifested n tbe part of the member* present when it waa reed. They all conceded that they bad, from all tbe public reports, suspected that Mr Draper had eent a note to the Governor tendering hie resignation at one of tbe Commission. but tben they bad no idea that it waa dooe la earnest, and if so, that tbe Governor would aooept It They bad all along empoeed that It waa dooe by Mr Dra Cwben a tittle milled at something thai had transpired ween ibem In >be Board, but bad no Idea that Mr Draper meant to be in earnest about It, aad thought that a* soon as he bad had lime lo consider tbe subject be would retract bis determination to resign, and come back In tbe Board again Therefore, when his letter was received and read, the feeling ?r disappointment and chagrin on tbe part ?t Messrs. Bowen, Nye and gtranahaii may well be a'DC el red Mr Bo wen, w bo bed been so long and lb miliarly er-tualn ed with Mr Draper, did not un'erstand It; be could not see what had traosptred in or out of tbe Commission that should have determined Mr. Draper In such a singular course | and what puzzled him more than all else was the faot that Mr. Dra per bad assigned no leaion for tbe act, which be folt was due tb< Board, at least as an sot of courtesy on the |art of Mr Draper He would at all events oall on btm peraooally and see blm about tbe matter. General Nre took the matter rather more philosophically, and thought If Mr. Draper had ?o?r nt to get offended at anything which had transpired In the Board It wai hi* own bueineaa. and be lor one abooid pay no further attention to it He, however, wa* extremely eorrjr that Mr Draper bad eeeo St to wlthoraw but eervksea from the Board, particularly at ibm time, when bta adnce and ciunael wereao much needed la getting the police In proper order. He could not call to mind anything which bad tram pi red In the Board which wan of eufflctent Importance m hie estimation to oanae to lingular a ?tep on the part of the I'reet deat of the Bnaru If anything had occnrred la which be wm in any way labia* e, which hail de Verm land Mr. Draper lo take the ?tep, he wee exceedingly eorry, aod woald gladly make any apology that might be oeceaaary to eetabUab a good feeling ooe* mora between hlaaeir aad Mr Draper, or between tbe Board and blm. aod ae Mr. Iwapar bad eeea lit to realgn, aad that reetgnatloa had been accepted by tbe iiovernor, II became tbe duty of the Oommtfdoner* to art accordingly, aad proceed lo all tbe vacancy. In order that their bueineaa might go on an uxuai aad ibeP olloe Iiepartmen b? tilled op H? therefore wen in lavor ef proceeding immedletely to AH the vacancy according to law. Mr Ktrannabaa thought It coo Id not be pcnelhle that Mr. Draper bad reaigned la cnaewpionoe of any little mtioaderntaading which they bad had; If ao, be wa* exceedingly eorry. aad would do aaythtac La hi* piwer that waa reasonable, honorable or Junt, la order lo bring eroaad a good Male or feellac oaoe more True, begbad takea ee action toward* re-orgaalilDg the Brooklyn polloe a* yet, ae be did ot think tbe aecemlty of the oeee urgently demanded It for tbe preeent, but then be did not think that Mr Drapar oould poaalbly have takea exception to, aad reaigned in ooo?equence of that, fbr be did eat remember of ever bearing tbe matter neriooaly talked over bet eeea them, aad an for re appointing any of the old police, or men who were Incompetent la any way to perform duty under the new Board, he waa for oae ae much oppoead to It ee waa Mr. Drapar. He could not eee why Mr Draper bad taken tbe enddea reeolve upon hlmaeif to routgo bia pnaltkm aa a Oommtaatoaer aad I'reatdeat of the Hoard; bet einoe be bad dooe ao, be thought It waa the doty of tbe Board to proceed at oone aod Oil the vn cany, la order Uial * tenoea drawback might be expert annml in lha fln*r<1 fnr It wma Bhanl ilult nnrrma thai til* department should ha 111 lad up a* apeedlly u paathl* After noma farther ooereraation, It waa float! r dectdod to pmuxm action with reference to (tiling the racoony no til Wad oca* ay morning, abac the t object will probably be lakes op aod acted npna. Tnit C AKIMDATF.H FOIt MR. PR t PKh'R ft. A CI. Pmmlaeet among the pereoaa talked of to fill the re caccy la the Baqre. In end about M White a treat y eater day, ware the following?k* Mayor Haremeyer, Maj.w (teooral Haaford, Oenaral Hall, Joba H. Ubby, ? A. Talmedge, (tenoral 8u per intea teat of I'olloa. Cyma gCurtie, Oarkaan Crohn* and (tea Jamaa Wataon Webb, ef the (bwrwr and tnqvirrr. wboac appointment Mr firapar la aailarktood tofbror. roe probability la that the choice *111 lay between (tea. Hail aad (ten J W Webb, with a Wrong auppoattlon, from what we oonld aa and bear yesterday, that (tea. Hall will be the person aa led tad mi Mntna or roLtcntkN akdkimov. After nanraaaiag the qtiaMflceilooa of the aereral gentle men abore named, the Board decided not to traaeari any boeiaeaa dnrtng the day, aa Indeed they were unable to, la consequence of no quorum being present which dental to waa immediately made known to Ihe hundred* who were waiting la aod about the bullUng, dtarumirg the ntrcom ataaoee connected with the murder of officer Aaderaoa After tbla aaoounoement a large number of thore mtalde left the place, Inwardly deprecating the action of the Boo>d for being ao l<.ng in tiling a flew racanclea, aod Ulna keep lug them (the applicants,) aa It were, U auapense from day Id day. TBI H*ADQUART*R? OF TTIg FOMCB. Harlng decided la do ao bustneea through the day la the way of appointing or eiamialng applicant*, the Board pro seeded to a general cooTenauon oe rariwa matter* ppnwnini Ml Mir viMininwiwi, MM vwriR i-iui ?jf retnnrlnf the headquarter* of the Board Into a mm unit hl?, cnwmndl?M and control building, M that the Onto m eetcnera, General fluperlntendent u4 Heputy Pnperla rnidret nan he acrom modal* d nnder oae roof, which to roeelderod abaolntely oe? eaearyj la order to fort Hut* ud perfect the eyetem of the department Wi.uthta rlee, one or two men hare already been engaged In looking out for a proper building, which, If found, the Ootn ml winner* intend to tawe at oooe and ? up for their aornm moduli 01 It to thought that one of the large Iron building* corner of canal and Rm otreeta, Joat about heing completed, will be ae imttable m any that oaa he had, while lh<- poet ton wl I fer eroead that of the one anw nennpted by them, which It loutl M M MtUffiy too tami (Or the pu/puoa#( DNBSDAT, JULY 22, 189 tbe Bierd. Aa <be liw rcq-ilre? Ibal the General HtWtnteudent tbould have bU otU? la (he name building with the Co nantaloerra wed ahlota, In fa>*, U abvolutely nec*'i??' >, a> well for (he Deptly M for We Ueaeial .Superintend let, In order to fkcllueW or perlem tnrthlng lite myeiem in tbe organization of fie 'eiwun- nt Kboolii It be found im o?*lWe to tumour* n noun* more eultabie, I be Com mlar inner* leik f tat ng the Sixth ward atailon bouae, In Krarklic atreet, for lb-lr oen nan, end

traprfer (be ttfxib pr?olnci police Into the botrne now ooou pled by the Ommtmooer* at 84 White atreet. mwni^n CBtbLbP. It wia alee frderefl b) iba B ard (hat Mr. Waterhury, the Sf geaiit General of lb* I'oltW IfeMltlMal, whored with hl> dull** In dHllirg tbe regular po icemen immediately, commencing "lib tbe Areiihreo ward* on Monday morning. In accordance with wh ob, and by dlreotior or the Board, the following letter waa toe patched to Major General Sac ford Orricr oohmkttioneha Metbopoutak Pouca > He. 8b t? i.itk mm, Nrw Yokb, JMj 25, 1657. J To Majob (Iknakaa thus. 8. Hancoku :?Mir?I am d'.reoted I km (lin OAmmlhalAivara nf ^nliohtn Infa m Vtti that th * I MtrM.r. fwf. W. Watetbnrv l< ppnlnted d til ra*?'T to carry on{ tbe object n( the < oanDiiwi 'tier*. They dcire to avail fbem elw of the drkl room to the anara). Too Ovnin'ssiooeM herewith dlreot ma to wk of vou p-rmtaatnn to uat the bioh o. ocfe Umeo be OOBTt ulrnl. Very reapertrully, 0b<) W. CMHaKK, Chief dark ;"o ( roTBB CONDITION or THK MSN. ft 1* nM that to proceed m i re eat wtih the drilling of the men would bo extremely cruel, not to say tyrannical, as neerly ell tbe toe a la the departures t, especially those in the lower wards, hare become neariy worn oat with be almost tnoeseant dut} which they have been compelled <o per orm Tor the last two or tbres weeks. It U said that be (eet of tome of tbe men have become so moon bUs ered by tk Is double duty that U Is trim extreme difficulty they can wa'k about at a'l. Is accordance with these farte, which were oommuoloatod to Mr. Water bury yet terday afternoon for the first time, he exoraeaed bit deter mination to be as lenient with the men as he could be and to put them to as Utile exercise the llrat tew days at pootlblo. TON APPLICANTS rOh orriua. About U o'cioca Mr. Ho a en left Wolte tireet, and did not rtturn during the day. Meeart. Nye and dtrauibtn, however, remained, and were closeted together In secret res-ion all the afternoon, at was said for the purpose of looking ever the various lists of applicants for polloemen?more particularly with re leisure to the Hats of men who have been doing duly In the several wards as special policemen since 'be 3d or 4th of July, a correct lint of wtucn na? oeen fur Diibad the Board by the Inspectors or Sergeants In command i r the respective wards, together with the remarks of the commanding offloar at to the manner In whtnn eaoa man performed his duly, the prospect of his making a go id or Indifferent other If appointed, ko Tne Oommis-luuera esprns their detcrmliinuoo to appoint u many or then* specials < a the regular podoe as poeslole, and Tor that purpace Lad tbe U?t before them yesterday afurnooa, celect lop the beat men. The result ot their inrasligauon will probably be reported to tbe Board to day or to-m >rro *, aa bj a resolution of tbe Board the ?otlre department Is to be Oiled up by the 26th in?t TUB 8TOLKN PROISKTT POUND ON THI FOURTEENTH WARD DUIOLCH. About ore o'clock tlen Nye gave Mr. C. 8. Warren, tbe property olerk of the Board, to take powescioo or, tome $7,000 or $S,0U) worth or dlamoads which were at tbe Fourteenth ward elation bouse, tbat bad been taken from tbe room or the I a'ian who murdered Anderson, nuppoaed to be ntolen Mr. Warren shortly after returned, haying a large package or diamonds, jewelry, Ac., which nad been carefully done tip aoc reakd ?y Coroner Connery, before It was haded ovtr lo Mr. Warren. Thin raluabie bundle was safely placed in tbe large Iron safe in tbe Commlealsners' office, where it wl 1 remain until wanted. MOKE STOLEN ROODS. During tbe afternoon IntormaUon was communicated to Gen. Nye aid Mr. Sxanaban, tbat a large quantity of goods bolotgkg to tbe murderer, and supposed to bo rlo'en. might he found In tbe laterlor of Nee Jersey, whither they bad been cooeeyad by some accomplice! or tbe Italian Three officer* from the Commliilonera' ofllfte were accordingly at ones despatched to try and tin J the goods and bring them to New York. TDR TB1RTKINTH WARD ON HAND. Some wag, during the afternoon banag MM else to do, pneeeded lo tho Thirteenth ward and nodded all the applicants be could find, that the Commissioners wished them all to appear at their effloe Itnroedla oly, as they were to be sworn Into office This Intel licence very oaturally soon spread through the entire ward, at<1 before tbree o'clock the vicinity of No. 88 White street dm thrcngt d with expectant* from the ThtrteeaUi ward, 10 the no little annoyance of the Commissioners. About ha f pant tbree o'clock, dergeanl St. John, detailed a; the Commissioner's office, took up his position about mldeay bete een the top and bottom of the lower ill|h of ataiia, aad said:? Mow, men. If you wUI only nowe to order for a minute T w'U tel you aomethlnx All you that v here from the Tulrteenih ward, uid tare been eiamlned, will he * enrn n to morrow ornliil 1 here will be nothing at all done ben- to day. This speech waa reoelvel whh evident discontent aad dUappolstmcnl, but all aoon dispersed and left the place wltbot.t any outward demonstration of dissatisfaction, and aoon all wai quiet stain. TBM DEPtJTI' NXW HMADQUABTimS. Deputy Superintendent Car pernor early yesterday morning finished moving all his bocks, furniture, paoers, Ac., from his old ) est up quarters, back room, IIrat llmr, or Mo. 88 White street, to the large and airy bouse 80 Franklin street, ately occupied by the Fifth precinct t olice, all of which baa been retalnod by the Cummla*loners for the Deputy's headquarters. Simultaneously with the mo< log of the books, papers, Ac ,of the Deputy, Mr. ltoblnsoa, superintendent of the police telegraphs, with a poaae of men, proceeded to divest the old office In the basement of the City Hall of the large police clock, wires, desks, apparatus, Ao , whlsb were placed on a cart and transferred t > 80 Franklin sfeet, there to be arranged and oonuecied with the various sta lion bouse apparatus, the telegraphic apparatus la to be placed In the back room, on ti e first floor of the build tng, which is to be apprtpriated for that purpose, and pre senta a strange oootraat to ti e narrow, pert up place la which the apparatus waa formerly placed, at the Chief s oflice, City Hail. New telegraph peats were erected though Franklin street to No. 88, on wbich were bung the new wires to connect the sew headquarters to the various station bouses. During the process of -placing the wires across Broadway there was no lltUs swearing amorg stage drivers sad others, In oonsequenoe of all benx obliged to turn down leonari, laroegh Church and up White street to Broalwsy again. Mr. Rchinsaw, assisted by Messrs Chsptn aad Croley, formerly operators at the Chiefs office un-ier him, thinks do win ue anie 10 f 11 uie leiegrapc id periect woretag or der ocoe more throughout the city In dny or two. The fetvcntwnlh Werd Rlote?lnqaeet on John Mtllrr. coMCi.reioN or mil kviukmcr?nrntcn or tiir COKONKK?TIIK jvky t'N A BI.K TO A (JUKI. Before Corooor I'erry. u.irnt Dir. At 9 o'clock yealertfny morning the adjournment of the iDveetlgatioa Into the death of John Miller opened with the examination of the following wltnereee. The attendance wee aboat the eame aa the day before, bat there tree more escltemcol, wblnh increased towards the cauolualoo of the leatlmony Mr Reset sworn and enmlned through an interpreter? I It re at 84 arrnoe A. t was in front of Volk's theatre about tea minutes aler seven o'clock la the evening of the rtot; I was here at V oil's theatre about ten mleutee whan t5e officers came down Fourth itreet; when the officers came down avrnue A one of thorn stepped out of the ranks and eame where I stood and said something I did not understand, thee the officers went Into Voik's agate; then the officers took out their clubs and began to lriva C people hack. thee I ran down towards oorner and fbend the offioers bad drove the people from one side to the other. it en tber came to the *'do of the street where I was. efflorr Dreahman was the Or it who came to me. an officer whore name t cannot recol lent was the eeoned who nam I-. then ntlloer* turned round, and, tooktng at the oorner bouee, saw officer lock wood Ire a revolver first and Iveehmen aeoood, then I went home and look lea, and naaae back again and found the officer* coming up avenue A , thee I went In froal of mr shop in Fourth street, and observed officers go up to the bouse, then 1 heard an offloar give the oommaod; I ttuek It was Captain Ilartt. ha aloof outside the sidewalk end told the officer* to bit them with their clube. thee they turned and went up Fourth street, just the same at they ra in* up. aaw da blood on toy or id* omoere, Do could bar* ma tf ibere *m blood, g. bid you *ee uay ?vm?? throw*? A. No, Mr. g. Did you Mu any thing thrown through the Mr? A. No, Mr. g Any Bring, aioept by the officer*? No, Mr. y. bid you im ih? people rraiat the offloer* u oil A. No, Mr: the polio# geue-ally koorkod dow* thorn who oould not raoM, ud dubbed all thoto who oamo la their n?, y Did you bra* aay about!nf? A. I heard aome boy* hallooing "hurrah." Juror?Von way you heard CUptali Hartt order the a* to ore their club*?did you bear b<m tell then to Ire? A. did not bear CUptain Hartt order Iheia to (Ire, hot 1 ?**r a policeman lire more than rnor .lurer?bo ton know officer I or* wood? A. I did aot know him before, but I recoguiaed him dlatloctly jeater day. _ .furor?Where did officer lock wool Ore at? A. At the top of th? hoe en juror?bo you know officer Dreehntan? A. Can't ear, hut the police Bred repeatedly, and Leek wood more than onoe. Juror?Were any pereooa on the top oftbe booae? A. Yre, tereral Augneie* coll*, ewom and eramlned through an laterprrter; I realde el >1 ereatte A; I aald to my wife, It wee rery warm, and I wlrhed In go In front of tha door; thl* wae about eeren o'clock In Ibo erenlng y What did you ere? A. I ?aw officer* flrlng; flrtt, they Bred a few rbota, then they itopped and Bred age'e: the Utlrd time thry ahot oftenor, a good many ahota; I etood w ib my neighbor near Ibe aide, aad when they flrrd off eo many ahote my neighbor aebrd me to go It quick: then la called hta people in, and I atepped into my bouee: then aa officer came and ahot the man, who wae bold In another man'* arma (the wltneae explained that another man held Miller in hi* arma when he wae ahot and fed before the door); then Miller oould not get any f-tr thrr, no there he lay, lying on the Mde walk, crying eery loudly; Ibe officer* came by and clubbed him to death, bl* lip* were moving when the officer* were atriklng him with th. tr oluho y. How wm Miller tylBf -OB bio bockt A No, Miller wm lylntt?? W* *** y. Row meny powyle rwnnd him' A. A r*** many I dne't know how moo7, lire or ?U mon, n??'t Mil otortly Q How tMBy blown <M they otrlke hlmt A. I only mw him rtrook twteo, woo threatened, and I did on* too ooy more blown. g How moay offloore were there' A. Thoy oil oomo to where Miller l?y-?boot eighteen or twenty y. I ltd thoy otrlfco oay one oloot A Tho mon who hold Mlllor In hto ?rm? won otrnck, no thnt be ooald eot cry; Mlllor hlmooir hod boon hallooing thot ho hod I>000 ohot oil tho poof lo wot? did too owoy down ro'irW otreet, ood nobody woo an tho oldowmlb otnof* Mlllor, onmo wom?n ood childron. then moo with wnmoo ood two ohlflroo na om I* the other iMe of the Mreet, had the o?oere i I. pursued htm Hd knocked him down to that be oould not U?v<- any mote. Q Knocked rown women (oof k No, the women ru ii to tbe bouee; the wo een shut the door of the hoi-e after them, ebon an offloer p>i*h?d Ii ouen with hi< ntuo and struck into "vbe ball wMb hut oiub, U>? man whom the ' office)a bad knocked down on tbe other ?Ide lay tbe e ap lanci'y deed; tbe otters ran round the ocrner towards second street; a frw oiidu ee claused a hen tbe ' fflca'* re turned, end tne mjo who bad p-enou-ly been struck ; down #kk rairlni hlra'df op on hi* kot>e?; be was ne hlbaodsanl knees wben tbey ga?e him anfltbo Mow and knoo'o <t biw d0*? ftn<1 lb" ,%d' ran I?to ibo ball; H wa* the corner bouse oftjht same W'i Ji^^ed to i la Trisbmsm; men we nnwer* came up ?ui? ? > u-\iu. i and tr J wife and other women railing me tn, I weal Into the bouse tod Md not aee any more Q. Did yon ere any ?tones thrown? A. No, sir. Q. Did > ou see an> th'.og thrown? 4 No. sir Q. Did you see any resistance made to officers? A. No, tr. y. Were the people very peaceab e and qulel ? 4 I did not eee anything unusual among the people; tt was the M>me ? on every Sunday, the people standing out on the tld-walks Juror?Did yen reo the police firing pistols whep the man came up to you, Mlder lu his arm- ? A I did not see ibe < fl'cer a ho fired; there were twenty or twenty-four jf them. juror?Are yon certain the shot came from the efficer which killed ltil er * A. Yes I am certain, for I etood round the poet with my arm about It, and could eee the p Hoe. Juror?Were the officers all together In the middle of be short? A rhiy were together on the sidewalk Juror? Did the officers run o*ar to the man and woman ? A. The i filner* were en this site and the man aad hit wife on the other bide, and the officers run ore* to hi n; there were no other men on the eldewa k except 'hat man. Juror?Was there no more trouble than on any other Sunday afternoon before tne officers camo? A. No, the same as on any other Sunday. Juror?Were there mre people congregated on that S nday than on orevlous lays? A. 1 don't think there w< re. bat here were m -re children. Q. Do you recognize any of the officers who beat the roaaJ1 A No, sir. ftedrflek Awa'dswdrs? Lirdiat 146 Forr Ih street; t woe hr>e on the corner of artxme A and Fo irth street on *orday. l'Jth instant; raw the police shootUg there; they shot me through the hat Q. Were y ? n on tne idewalk f A. Yes. Q. Gefnn? A. On the corner of Fourth street there were a few poltoe eland ng; I asked a Metropolitan policeman what the muter was; he said, "A muss;" I walked awai, and tn a little >!me af>er I heard a muss between the police* er at>d tbe people; 1 tnard a certain gentlemen styKno?k him down;" so [ started up the street on right h?nd side, the polioe ?oilo ved up In droves, and ( fel> a ball goleit ihioiigh my hat (exhibiting hat); at the Mine time Miller came up and said ha was shot; he Cell down on hie right side a few etepe from my door, saying, " Hocgb, 1 am ehet." Q. Waa tb<n fliIrg then ? A. There were at leaat 20 shots Arid at the time; I helped to pick the man up and the police struck at me. Q. In what position was Miller when he waa shot f A MtlAr waa facing the police, facing avenue A, near 81; the efflotis atood at Third street and shot down avenue A. Q. Waa Miller's door between Seoond and Third streets ? A Yes. Q. Where were the offloere standing? A. The officers were crmuig down towaros the oornar of Third street Q Was hllltr going down at the time? A He was going towards Thud -trwt aler he waa eh 4 he turned round and wrnt towards his own bouse; Miller dll not get ! quite to ble hou-e when he tell down, and Commenced tollolrg, "I am shot;" I waa helping to piok him up waen the offioere made blows at me Q. How many polioe were then about ? A Your or Ave | on the sidewalk; the rest about the curb stone and In the ! st ? et Q How fsr were the police from you when they Ore J ? A. They were aho >t thirty steps from me. Juror?Why did you not assist Hlilerf A I was compelled for my own safety sake to lease Killer, and when I was runn ng over to the other side a numoer of ahots were , tired alter me, and short)) alter 1 went boms Q I?d >on see any stones thrown? A. No, sir. Q Mc you are any perron tiring pistols, or see any pistols fired from houses? A. No, sir. Q Did you see the people ofler any resistance? A. No, ! sir. Q Were they peaceable and quiet? A Tbey were at uir |> rrriu, wut-u at i'io tuiurr ui r uurvu Hirm l uv I man.' ptraotir, but after Miller wa* shot they had dlaapjxaico. Juror? LK1 you in aa officer maltreat Miller when he lay flown? A. I taw Ue officer* come along and hit him , at they parted; there were four or Ore of them. q IK you Bee any atones thrown at thepoliocf A. No, , tlr. Q. Did 703 see the officer who ahot Miller? A. No, Mr; I I can pick out toe officor a ho ahot up the sidewalk; that , waa b? fore Mil er waa ahot, Miller received the ball the tame time I war tlr<d at. (.he witnrks' aat waa again , banced reud for lcep> etion, and waa a matter of eome cu ; Moaliy It waa perforated by a ball, which grated : hla head). q Did you aet your eye on the police who kbot at you? A. No, air; there were two er three who ahot upfthe aidewalk. Q Which aide of the walk were j ou on? A. On the aame aldo aa MU>er. Q Can yoor pick out the officer who ahot thia man? A. Iran pick out the officer* who abo. up tbewak; there wert thiee of them; thereat were In the middle of lbs atnet. q Were th<y the onae who oame to Miller when be waa do?n? A Yea. Q Bow many bit Miner? A. There were Ave; all hit 1 him on the nbouldera and head. Miller waathen lying down on ht* aide. Peter N. Uretr aworn?Uvea at 164 Third street, saw . the disturbance on Sunday, 13th tn?t; waa looking out of I the window, where I realda, and saw three men quarrel ling toeetber, two struck one knocked him down and kicked him, and ran away ; the man who waa knocked down got up, walked to the corner and ilood there, two policeman oame along to tha crowd that atood at the corner, when I the crowd began to disperse I saw two or three policemen run tcwarda avenue A, and tn ten minute* after I heard thing In the prlghborbi?d of Fourth street q. How maay abuts did yon btni? A. Sevan, eight or BUM. I g Where frfo' A. I thonld judge from round tbe oar , D?r cf Fourth atreit g ltd Uir flrit pUto. abot anmc from the crowd or the 1 oflloe it? A I could not tell, mm nothing mom than the crowd and police mining to and fro. Q D?m 70a tee tnv ati.nea thr> wo? A No. Jrror??ee anybody interfering? A. No. Juror? From what jo> taw, it any stones were thrown on Tbtrd atieet yon would bare aer n ibeui? A. Vee. Dwlntck Cculta tw m?Uve at 38 Rivington areel, reached tbe otrner of Fou th if eel wnb officer l/ 1 and dipt Hartt, we were mot by a demontlrauon 00 lue , part of tbe MM, l>y the abating of H?u, bait and burrahiiig; at we wont toward them and reached the corner of avenue A and Fouitb atreet I raw atones or brlcke c >m<- fiom tbe north weal corner of Fourth luael and ave< one A. g. Wan tblt before any firing' A. Yee, ?1r; I raw seve1 ral iron on iba optmrlte corner of tbe etreet. and I beard two or three of ihem nay, In broken Koglish, "d n't lot tbe repubnonn a?it o' b a take any of them;" there were fonr rfllcere who went to this lot of men about twenty or thirty, and .ben ran down avenue A; the pvllre took the middle of tbe rtreet, and put bed ibo?e who would not go Into tbe doom, and cleared troth the atde walkt and tbe ttrtH; wo wheeled and came back, and no wr r' ached the corner of I ..urlh ?tri. I another ?hu?.>r of tenet then came among at ut, then we made a baaty t treat np Fourth atrret g Any firing yet' A. No, air, we made halt, and walled until ( apt Marti came, we went down with him. there waa n great crowd 00 avenue 4 and Fourth ttroet, that marte great d. n.-.i v u?, and aa we went to meet tbem I heard abtut ill tbou 00 the opf*1te <orner Q. From the ground or tbe biunetotsrf A. I eonld not my : we tnrned tbe comer, and them waa Urlng .a the right band tide of aveaue A, toward* Third atreat, and I beard more tring^rom Iba wladoat, the pollen bad their prteorer about Una time Q. fid you aee anr body rail when yon aaw tbe Artng from that windewf A. No, air. g. What order* did Captain Bartl give? A. Be ordered na u Kali I Kan la f..? a. I. a Una .J a-a . I .-I -T.? I heard ib* reptrla of ih? PtetoU Captain Harli turned rom.d and Mid to the mea, "boat Bra." A Juror?What hat bad you on .a lb* riot? A Tnti oa* (eabibitlag low orowood one, wblcb wad oaoe wMU hoi). g Had yoo o ptatoi oo ihot day? A. No, rtr. g IMd you Mr any of Ui* police with plalolar A. I mw ooe of lha polio* with a pUtnl Q Who waa lb* offlaar who Brad? A. I am aot bound to t*ll yoo. Th* Or roo*r reqaaated Ut* aItoaM, If ha knew tbd offl oar, lo pi to bta aam* Witnaaa? I mw officer McMlUaa bar* a reroirer, bad It would ant go off. g lad yoo aaa officer Lockweod with a rarolror? A. No, air. Q Do yoo know If h* nanioa oaa, ar aot ? A. I aoupbl a rrrrlrrr of blai oa tba tboraday prooioua to lha rkMa, It waatad aowa raoaira, aa<! I brought It to tba paaamllb'a aad ibar* H ramatoad uaii) ) artmiy Tba Ooroaar bad clnand op tba arldaaee to thla petal, wtiaa a byaaadar Made a r. quaat lo bar* a mo?t liapor lhaet wt'naaa ataMinrd, who board the oommaodinp offl oar give lb* order to Bra Corooar?1 oatn# to lb* oooclnal ? thl* morning to bare bat four wito*a*?* aiamlnad, a* I think tba jury ar* w*lt Mtirflad with tba extaot of tba arldaaoa, and aa we ar* all tlrad aad wore out, I with to ooatlad* IT the jury think thrra w aay further oooarl ? to prooead with ha taatlmo ay I ahall do to. Tbn la the otpbth day we arc examining wlioararr, and thara will b? oo and of thrm. Here I find another appBoa loa lo examlaa aararal mora wltnaaaaa, whar* will It aad ? A nnaauliabao took place among tba Jury, aararal of tha tarora expreaeing thamaalraa perfectly oatlaflad, but out of onurtaay l?> eowtc tbay wlabad to bear oaa ator* I'hillp Huhar tworti?I came from Torapklaa aqnara; raw a crowd, aa I waa walking thrrmpb tba crowd VI ifDHHin'1! ? I?n IWI1, igrwiumri wnn c<di>diii| th<> paoplo an thoy ram* within thatr roanto; did not im tba pmpla gtwlng any tnlftatw, or throwing anything al hem, the pollen went toward* tha paopla, ant In to# mauulmo lho prnpla namo noaror tho p illno, 1 *aw offlnor Praahman Arabl* pltlol; ono man waa walking oo (*taggoring), ho roomad to ho ?ho?; than Pronhman otoppwl ro>ind to whnro thorn waa a wagon, and loadnd bit pinto!, than two mnro fifflo ra bad honn * hooting at tba pnooln again, I oaa ro nrgni/o 0>om, If I'd aoo thorn; than tho omcort #rad thoir plate la towarda tho eomnr himaa, and flrod thorn twloo whom asm had ba*n looking on! of the window, thai tho poltoo gatharad, and Otpi Hartt dotlrad tkam to fkll In, and llioy mmmonrod knnoli ng tho pnopln down again knnrkod ona man down Into tho mod gottar, than after wardo Ihn polloa, among whom waa P-mdmaa imahad a man towarda a wag. n, and thinka no man omiM haat hw rail la an tbry ho al thai man. th. n they took Urn man wbnm they rlnhhao flrat. and flred al mo, ( waa an aoarnd t did not i now whrrn In r" an odlror ramo and hit ma on tho nark I lo?t my hat and thoy would not n'lnw molotako It tip; two policeman had boon ahootlng, whon tho man waa ?hnt with Praahman y Who waa lha commanding nflioar who garatho ordar toflrof A Ho did not oay to dm, hat to fall la. y Whora wara yon whan tba man oiiggered I A notwatn Third and Fourth almoin, naar tho corner of aranoo A and Fourth ?tre*t rn? oonowwm'A CHARO*. Wbea t death oocttre during n?A, w fftnl Ir aliu<>- impoaelbl# ' intrtoiD Oy what particular par- ' <* tnoh draib *u earned. I Jo not know Uua tats u af m rh Importance, as It Is rarely that deliberate murier la I commuted du>try ruch aa eicltemenl, bot It la of tmpar- I tance to atmaiD ibt oauaa of ibe rtot lb whicb Millar taat Qlt U'e Th. Germans hare bl horto enjoyed the repoSm Uod of baring been a peaceable. qn et, la* abiding ;k*o 4a, and tbe laat i lane we would la k for a disturbance woaM be in their midrl From evldeaoa offered here, and frees 1 my ort pi rarnal ob?or ration, I aa fully convinced that mere bate been deoignlng perao'ia who hare bulled them elves in making false eiaU-ments, and poteonlng tbe raluda or the German people, inciting them to open opposition la the laws. There oonKotrators ara ihe oom who are I morally reaper Bible Tor the death of John Miller. , The statements made in Una case a-e rerjr conflicting. and now you wUI reconcile them 1 I do not know. On the one band, atatemenlt are mad* that the police, without any provocation, rushed oa a , quirt, In' ffenriv' cro? d, atrlktng to tha right and lef^ ti'los pl'tol' and beating and striking down women with Infann In the! arms, aod cruelly b' atuig a man who lay en bt* back in the ag^o'es of death, and ihat the ptoota I the other 1 and, we beer that the office Brut used the I mildest mesne ano persasaioo to dispel s disorderly task- ' ?o<? 'bat they were answered with s volley of stones, anA that Ute Hones fell smoo| them litre hall, and thai the? . were Br?t Bred among, and only used their oiuba and pistole aHer this attack, and they rl? ? their broken heeds as I proof that they wars resisted; also a iootf Udt tf "PUTd** | men This is tanf ih|e evidence, and cannot be dUpnte?. , The; description given of the cruelties of the police towards the women and wounded men almost sd^passsa be- 1 lief If J on have reason to believe that any portion of I nny statement made is a deliberate misstatement. M lb I your duty tothiqpr out the whole of that person's evidence It would be better if yon oould egree on n rev j diet; but yon ere at Ibsrty to render t ?ro verdicts If yen I do not sgrne. I should charge yon further, bat knowing j : that you are intelligent men, selected among many an ' I thore mort H*ely to render a Just and Impartial vordiat In ! Ihl* care, I do not think It neoe?sary. , The Coroner directed the jury to ret're to some oonvn- | ni>ntrl?ce t) dehbera'e on iholr verdict. They might . bring In two verdlois, and he (tho Coroner) would aooept of wilier, ' The jurors then agreed to mAea at Vr. Rupert's,on Vortgfifih #trret, near Voood avenue, at ? a'oiock. The Jur? wore all the evening endeavoring to tgrnb upon a verdict, hut could not; and Anally adjourned Is M o'clock this morning?to meet at Turtle Bay Bnmry, Forty-Bflh street, between first and Seoood avnonan. Court of Bpsdal Hesaloiuu Before Jnstioee Oshorn and OoaoUy. " ^ Jci.r 21.?An unusually large another of persons warn arraigned this morning, charged with perpntraMng an- , Molts and battrrlsa, and It Is worthy of remark that ant a few of the assailants were of the gentler sex. A young lady, who-e fashionable yet modest attire and gantes! ap- ., pee -ance Indicated that she moved In respectable oirolse, , was pat on trial for aaaaoHtag an able bodied man. The ( complainant, Peter Dawson, who resides at No. 14 Msrlem street, testlfled that Sarah Hill, the defendant, struck hiss on the brad with a hUchet, Infllotlng a severe wooad. The occurrence took piece on the 10th Instant. A number of witnesses were examined whose evidence was very clear against the accused The Justices looked at ail the circumstances wi h the utmost leniency, end were evidently 'ncltned to give Itlae Hill a fair chance Bat they were oompelled to find her guilty. She was sentenced to eonBnement in the city prison for thirty days and ordared In pay a a no 01 szo. About twenty prisoners, male and female, who www arret*ted for Wealing their fellow cttlsens, were dlschsrgafi In consequeooe of the non-appearance of wltneaaee. TMn hu become quite/ a nuisance, and the time of the officers of the Court la wasted by taking the depoatltoan of complainants who fall to appear on the morning Used for the trial. a mcvnsth wuu> moras oosvictso. Thos. Ryan of 338 Henry street, was placed at the bar, charged with being engaged, with a number of others, bs a riot la the deventh ward, on the Fourth of Joly. Sergeant dteers, of the Thirteenth district pittoe, gare bis aoccunt of the affair. He said thai on the 4th Instaat tnere was a not In lackson street; thai a large number af persons were engaged In it, and threw atone* and other missiles; he wae struck several time* while endeavoring to queil the disturbance; he reoognlsed Ryan, the prisoner, as being sn active participant In the riot, and swore thai be followed him to tirand street, and threw a large stone at him. Mr. George W. Gaylord testified that he wae In the Seventh ward while the riot wee in progress; that Ryaa was the ringleader, and that he saw him trtke two maw. and fixe brl Abate indiscriminately. The Court fouwe Kjan guilty, and reman led btm Ull Saturday for sentewon. rrmt am omrm. Officer Edmund Johnson, of the Twenty first ward, appeared against Bernard Fit it pat rick, who not only asfaulted blm, but attempted to reeoue a prisoner from him. The evidence was conclusive, and the Jostioes coavtstsA the prisoner. He was remanded Ull Saturday. WHiarrU*, THS MSTKOl'OIJTAS OVFlinB, IISSI SSI wo The court was adjourned at 11 % o'clock, but was rwopened at l'.'S, t? order tliat I-eoaard Schlelllm, a Metropolitan polloeaaan, who was tried and const Oed on Batarday of an outrageous assault upon a otUaan, might bs sentenced. He was placed at the bar, when Judge Qubsiw ailrlrawnnrl Kim mm fnllnma Jl'DUE OK1IOII\'S EBMARK*. Schlc fllln. yiu hive been tried and convicted of having Meet IU <1 and beaten man by Uie name of Martin * ?I with a club, while you were actiig aa an ottlaer la Mm v tli a an You have bad a fair and impartial trial, awl tbe evidence tags clearly shown that upon lbs occasion referred to you need undue r1 denoe with yoer el ib span tbe perron of tbe complainant Now .aettinx aside all the teatestimony that be* been brought before oa la relabot by yea to tbe eoaree and vulgar language said to bare been used aa that occaMou, we feel bound to be governed la a great degree by tbe erldeooe of your aide partner and brother officer, Mr tiilmorn. It la very natural to aappoaa that be. at !ea*L, would sympathise with you, and that be weaM deliver bla testimony to relation to tbe matter wtlhoat aay feelleg or prejudloe loearda you. hchTelflts (Interrupting)?uc did not do a& Judge tisboro, (onaunntcg)?I am very free to nay, aa far as I am concerned, that wl bout bla testimony I aheeM hardly bare been Inclined to convict yon, winterer etna I might felt It my daty to bare done In preaeatlog the nam to the consideration of tbe Oommiaatoaera It is hardly neoerrary for me 14 reiterate the remarks that I aaada ad the termination of tour trial, relative to the righia and duties rt ofltoera. tboee rights and duties are clearly daCued for your instruction by the Commlaotooera; they are printed rules and if you bad made yourael' acquainted wita them, you ne'er wot Id bars violated them la the n.sntier which you bare done. Mr Ullmore'a tostitmny, aa I remarked Wore, clearly eon lota you of the oBVmun rharged? that of using undue violence upon the person of Ames. Our remaining duly Is 10 ptas Judgment upon yoa, and In dotog so we lake Into coast IrraMoa tbe position la wbleb yon sere placed at tbe lime and tbe esctted slats of feeing Incident upon lt?e events wh ch bad prertoaalj transpired la that locality. We were also Informed by jonge w awn tiuce your trial ma conviction, that Ma bio Inflicted by yon npoe A?oa waa of a much morn sarlmi? and severe chart ru r than I waa repreaeaied to hare been on j< ur trial All lb ear thlngi wa la la lam oaaPda ratlin, and aler due rvflaet'eo?trumlng thai year rare nay ptor a a warning hereafter to nth are omipj it>| Inliar ataUoaa, oat aa mush tram tbe ae realty as las certainty or Iks pan labneat? -we now proceed to paas naliaaa upnayoa. After considerable cooaultattoe together tad advising with Ike frlrodi who baa# takea a lively taMraaS la jour behalf, tbe aeotenee wa will Impose la thai yoa ha ooeflned la tar c tv prmoa for 90 day*. Srblrmia?Oka I go up to SH Whia atreet for a fbw aasmrnlrf Judge Da bora?Tea, ta company with aa oftoor. a mrra wiyn mom Thomas MoGarry. who waa tried aad one Tinted, wtth a Bum bar of others, tor participating la tbe Ititk ward rtaL waa arraigned for aentonoe Jadge I At bom addressee htm the# ? Toa ware tried sad ooorlcted. with a somber of dkat, tar rlo oua eoeouet la the Sixth ward ea the Mb of My. It beeoaaaa teceaaary tar aa, la order to eeable your oeaaerl te carry your eaae to a higher court, to proceed to eontenee yon, without doing whieh be could not mere la Ma metier el ell. Yea are brought up here tar lbet parpeea to-day We Will Impnee upoe you the aaaae paatahmad that wa dealt oat to the ether prlooaeea, which waa Ma mratha la the penlteatiary. The couaeel tar MoOarry thea Hid hla oHsat dentrod la be tried In tie General Seas one, and be would t- -? bad tar hla arpearaaoe at the Aoguat term. James MoOawtap became hie aarety. Viae Ksetae < wMaataatofiera Tbe Board met yeeterdey aficrnooo at 1 o'cluak fia eeat Oommhwloaera Kerr, Baaketl aad IMaw A reaolutloe waa preoMted by Oommlaalimer flal?, authorialag the Secretary to procure a book for the pmrpoea of keeping n regtatry of the doomo of tboas appdcaeta ngalnat whom protests were atada. The i aaulaMaa waa adopted On motion of OnmmlHtoaer Kerr, It wa reooired, Mai nil good etateaa ahould be repieeted to giro notleo to Ma Board of all disorderly pieces where tteeaan ahould bp refnmd. The following were the licensee granted ? mass Bursa'* uiaea Tbcmaa MrK?una 3.1 Ponrne Greet, 9-fl, HarlilIB. rw u?r a ? ? ? <n v - v ?ikenbnreh a Harilaiid. 1M Ninth aTaatta.MO. John ?ay?oc, ** f*rmm4 irtrrrt, $:t0. Nathan Bmdbaad.M jWlfO nw*!. MO: .Inacpit Barnard, lit Urn rtraat. MO-Jaenb fttalf.,114 Rart TwpBly fifth ttrMl, MO; 'ohm Bnaaoa, 1M Wm* mrtti, $30 A'lnlph RoManoo, *2 ()f ??wlnh^^^. ?M Rraadrnatain, 2?fi Wart Thlrtyjlfrt vil. ioTbi? VonrfctB. No 1 Wart atrart, MO; ? !*? "_? *r"*?1l5T 51? at r not, MO, Mirbaal G??a?,iMfMMHM ?f .Inly IT. MO; Jtremlab C.lhtfibaa, M2 Rlrrt Banana, MO, MichaalIPopC, 178 Want rtrn*. MO; .lamaa C. rtantala, No. 7J<ont^?traaa^ Co rhaa WattlM, V Oarmlan atrert, MO; IHdf ,,KPnl i<21 Broadway. MO; Chlharlna Ctilhll, 1M Wart Broadway MO J- K?nw?, 1M Waal Twalfth rtrrrt. MO. Brta I fair tad, M? roorth irai nnraar of Third atraana aad Klyhty fifth atraat, MO, l*artr Ttnwnrr am Thot t n>t ?HO Third irmua. MO ' t*l, '24? alrtet, $ 10, Oarld rutnllo, 4? rVana atraat, fan Hm Rtnardo, too Third araaoa, 9-10; Maa'ei Hwrrnrjr, M (Himi utrMi, $'to, .loha Ongaarr, Mart* aamnd atraat, hftanan Fourth and Fifth aroimaa. MO, .loha rtaald No 3 From atmat, $:t0. William Rahlnann, 140 ("ham barn at mat. MOQrorga S Wrphan. No .1 Whltrhall atraat, MO, Ramonl Wilhraham. 94 Whltrhall atraat, MO, William W Tata, M Whltrhall atraat, *90; Jamaa Nolan. 10 Naaaan atraat, $30; Patrick Kah m, 8M Urmnwloh atraat, $90; Hanry Rnarka, 1?? Hainan lana $00; ITaarf Wnlhoiian, IS Rtata atraat, $.10 Wm A Mllia, ooraar ir>Mh atraat and Tanth araaoa, $.'M), laahrlla Katlty, 4M Waahlifton airaat, MO, Thnnaa Mnrray, 000 Waahlnftnr atraat, $30; flharlao Murray, 1IT (IraanwVi* aranna $30; John Ittnrr, 11$ tirand atraat, $30, Patrick Dnrfd, 304 Froat ttraat $30; Fradartck 0. Hongar lord, 10$ Umm Mwt, ISO, yaorp Saal, ooroor 10th at*