Newspaper of The New York Herald, July 24, 1857, Page 2

Newspaper of The New York Herald dated July 24, 1857 Page 2
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i tie otei i ireottonoe or opecifted Id Ibo statute. whorobr moo cau bo ?i? folly iovn?oned, and thor efore rtrti' full) alarbargod by your Honor, siulng nno boor try petition no habgn* oo |hm, where the to dl'ldoal bw here arrtitcd by proooot at a I; no or ibt> k, aad will , mala atn. that Pe.-ltn U octidea to be dl*cha>god under every one i f ih *e heaJa. I aball confine ibe ctrcuwdon obleltr, however, If n >t eo (irely, tu the firm, ibtrd, fourth and s rtb sub dlvwtona of that section. kanng out the second, an 1 omi fog ihe tilth, WMob clearly bar no application to he case, Ducais# it oaoeernf only the cur tody or the prisoner Bui with three two exception*, w hich are technical In their na. ire, ?e think are can invoke the whole of thateeetion; ant we think we cat ebow to your honor thai In evrry one of those enumerations the law ban been violated, and Mr. Pnvkn Im maooed in dt fiance of these wovuWna Coder the lotltrailin which ha* fallen from your hnnnt as tithe prtnmpal que<hon? whioh vou wish to bear argue 1, an t upan which your judgment wi 1 be given, 1 wili not go an fully aa I intended to do Into the diacunaioc o' nome p dot* which are uoon my brief and which 1 observe your honor take* for granted, I under*land j our lienor to nay that the chief questions to be considered are l*t. whether the trlb nal under whoso warrant the Impn opinent wan directed bad jurisdiction Id the care and to laane that warrant; and, 21, whether the ? arret I ebnwn a caute ot imprisonment Under these tare brad* 1 *bal'do hut Utile more lb in r? ad the ih-ee Urn point* which 1 make, for I regard then aa already aelhsi by your lienor's Intimation ? lsl It is not only the right but the duty of the Judge to Inquire, tn this pro eedlng, whether Mr Justice Pea toty bail jurisdiction to la?ue the warrant unler watch Devlin te held In custody, for If he bad no such junadictiia, then the warat ct Ir rtteily void, and the imprisonment is uu lawful ( JBI Hill, 130; 4 Denio, 118; 5h Hill, lot; 4ia Barb 8) ) V 2d. Juris'iction In Jnatico Peabody Is not to be pro ri med , that presumption oaiy cists In relation to Supc nor Conrti .nrl rini In infarlAr iurJaHi t<nn nnl AroftAni I log according to ibe count# of common law (Bloom v Burdick, 1m Bill, 138 ) Thai rofoiton i rupptwe will nol be questioned The proporitt, n tweli is tbal they a>u?i show alliruiuucely that J u lire -*i?h(Hiy bad jurtsdtottun in I ill I ca?o to enter upoo the proceedings?to make the Judgment order which be made, and u> wane 'be warrant that be issued 'n refe rotioe to the superior curls, thaif Jurlsdtctl m it sometimes presum d; but we maintain he elhal Mr. J stice f'oao *1t, although a Judge of the Supreme Court, was not silting as a court but as a commissioner, acung as any county wudge n irbt have acted, and wilbout any of toe attributes ui my curi. iuucq lews oi a juage ot me supreme t-ocrl, ?t!?c jarteriotioe ib in many cases to be presumed. Your booor t? lami isr erllh mat) loe'anre* In the statutes wliere judicial*?Judge* of court*?are made special xia'it to-y officers to bold certain proceeding* Your honor alttltg lure rn babes* corpus la an Instance of that A Justice Bitting under Uie landlord and tenant ant to try a rtliposn ssion case Is anoiier Instance These bow tb? dtrlinctioc which we make between Mr. Justice I'eabody sluing in the Supreme Court, and exem.oug a'l the powers of that court, and Mr Jutttoe Poabjly, ex c^irv>, Bitting under tbis rpeoial statute, In tni# parti3ula* proceeding We claim tbat, sitting In this proceeding, be ran the presidios officer of a tribunal judicial In Its ns lure, but an inferior tribunal; and therefore, under tbu cases, that bis jurisdiction cannot be presumed, but must be affirmatively shown, and eipresMo Ihin, for every act thai be did; that be bad not the power to do ere so'ilary act, no ma'ter bow lm4gniflcaul?much lees an act which Involve! the Ions of bberty, of r(IW> and estate?without his ex ores* authority bring found in so many words In the statute from which be derived Dis authority?large or small, much or little A* to the extent of that authority?what ne could do, sod what he could not do so?I will come to presently, In its proper order Third.?Tbere is no warrant whatever for al egmg that the pro eei lug by Oonover against Devlin was in the Su pretne Court li wax and la a summary proceeding before the Ju'tice, In which he possesses no more dignity nor power than would have attacbrd to the county Judge, If such proceedings bad bsea oomtnonced before inm fourth.? But a want of .mrtsdlclioc over the per?on of a eitlzjn may t e alleged snd proved, to secure bus liberty as aga'netaiy court So a decree of the Vioe Chancellor was, In our Court of Ap ?-als, declared to be void because the bill of compla'ot bilore blot did D*t show lurtsdloiloa. (Butkle vs Kckhirt, & Com. kfliimlng 3 Denio, p 279; bates* corpus act, 66, sub. Olv. 1,3, 4, 6; Harriuglrn T? Toe I'eoi le 6 Barb 607 ) KifUt.?Tb? ded'ion of Justice Peabody tbat he had furls tkrtioo u* not conclusive If any such rule prevailed, the quests* of jurisdiction In judicial proceeding* could never be inquired into on any species of review, for by deciding to set, the magistrate's tribunal always declares that It ha* iorlsdictloc (Bennel v* Burst, 1 !>enio 141; Burcbard vs tenio ? 6S8 ) Stxtb le this esse it eppears distiec Jy and puitlre'y on thr fane of Caoovar's eomolatnl and affilarits ihsl Jus Moe Peabody had no Juried ction, hccina to wa'r an: any mum by tb? .laatlne, < aover bad to abo * thai be era* the "aocoeaaor of Joeeph 8. Iky lor to tbc offlcaof street Com BkMnoer. 1. He ebowe that he m aot mob aucceaeor, b?can*e be Claim* eacloetvely under an appointment ay tbe Governor, trbo bad no power to make aoy eur.h a? ?tolm*nt t Be afaow* that tr be were really and In law S reel Oomaniaetonrr be bad fail pneenton of tbe and ! ? apporteeanrea He atatee thialn ttacompialni, ana show* M oaee under the atatute but a mere treapaaa, which can not be redreaeed 'n tbla way. S. Ha abowa that no book*, he., came to the poaseeiion of Her tin during any racaacy in tne offica Tbi bring* ua to the principal queAion la tbe oaee. Mr Field-Then, aa I undereland tbe b that tbe Governor could not appolnl, and therefore tbe appointment by tbe Governor did not allow any mao to Mecome de /ado Street Commtaaloner under him Mr. O'Oooor?Yet, we will ee a Hub that by authority. Mr. Bcfclea?The petition of Mr. Conover In tbe Brat in Stance, alleges that the Governor appointed him Street Oooimlaniener That li tbe only kind of title to eblcb it refer* Now. In order t *ee wba. aort of caae they bad a rt?bt to brtny before tbe court Mr. Juatice Peaoody waa boldinf, It in neccwarr to look to tbe atatute, to Me what powrre be had, with an inciJei uijKlauoe at tbe ad.iodicaUrne of tbe Supreme Court with reference to tbnie powera It I* round in the Lot KcvUe.1 Statute', page id J, 4lb ed , art 6 Tne rtatate may be ocnMJerad und.jr two wrnera' hiad* The Brut half dtw**n w.tUidi relate in lh? raif of a prrtoo who thill be remoreJ, or Iho lerrn for which be m?f beve been elected or appointed ahal eiptre, requiring blm In each cane to MTV over tokv trcreteor all ibe pro pert* it J boot* apporutniug to the oOioe in bit out tody?a prortiioo not relating to ihi- cmo; for here the trrtr for which Mr Tnrlor *ar elected bis not expired, dor bid the term for which toy per on vu appointed tie tucceMor expired, the ee< )od or and or oodlnier n It found In lectins M, whtcn provides toil in cue i person ipputnled or elenled te it oil) ie ebill die, or bit office fbill In uj way become vacant, and the boot* or paper* appertaining to ?ucn cffice it ill cetoe to Ibe band* of anotber party, the toe cee?ot to met < llioe Mar dc mane turn boot* aad iwp- ri fr> in ibe pertoc har'ny tbem in bit pntaeeaicn. Tbw ?ec (ton eon aloe all lb> law under which Judge PeahoJy act od Now Ibe broad, general quettion U whether unlnr that notion any prnrecrtng can be taken, directly or indt recti), U lx Ibe ibe U'le to in effifle, In lb * Oral place; ?e corn! > , to nettle bo tbouM like poatu e?t>o of tne olO s?, and thirdly, whether, under that tecum, ibe bo kt and inwrr of an (fl ice could be taken from 'be cottody aad jeeeerth-n of a jier-on appointed to ibe office, and la fact pierciatng and discharging IU fupc Jont, ad rnc gmze at pocfc bj ibe communuy In wbloh he reelded and artel Tbrj bare done ail three of tteee tb'rgf, by their proceed U fr before Mr. Juaiice f'eabol) , at we abal. snow Tney hare j> actually tettl d the fusion an to the title t tha office, a tbougfa all the time disclaiming any inhntionto do thai, in no nrany wnrda Tbey bare tried anc tetded U>e qie-ii n at to the pomes sloe of Ibe offlo*. which t? qu'U a? tm nr am a? the ll'le. and according to Mr Jarliee Prahory. even more so, aa we aball ab w by bia opti ton; and the bare tettrd and taken it to tbelr n?a control the IkxUi aad i?per? of tbr office, from a person no u>lty dlr rbarg'Oi ibe di tee of Ibe office ho dtor a regular epo not ween In I', ih reocguined at tbu officer dr farim >y tba sum Oorporati<n la wbaae name aad ou whoee trauaif. and at whore agent he la app-rated to act Now, the broad quae una it, w tether that eeotioo of the alalute?(he cause tt it there we mutt look)?conferred toon Mr Jueuoe i'eabody, trait p under tt, any euih power, or any verttge of tt. ft bat been repeatedly derided, la oaaet writing not only under tble tlatute, but npoa mandamu* and la oiber iiriet. that there la but one lawful mod#?but ore m *le know to the * ? by which a party la ofll ve d/ fvio. wiU. rotor of Mir. bold'ng po>et?aioa and claiming p w C4 aw* under It, aad eierraalag tbe doilao, eu be ?j*te1.%vt U>at i? by q>tn inrrantn It baa or?e? Id any ?d| tdiiawd caae been c. timed, much laaa derided, tbal tali aect >a >f U?* etaiute, or ant part lb la atalute c?o be apprd w pooh a raw a> ?bi? la cooeded to be upoa tbe paper* I,et v a rarer i Mr iJnoo er a t*t tioa an t see the U*ee lael bab maeP preeuaied, la Ibe rery Oral tuataace, tj tae Court >? ' Tbe prtiiiio uf Haniel P Oooorer. of aald city, raepeet rally abe ? thai Jowpb M Taflor araa r looted l i the ..HI ie of iMreet C m mm toner of .be city o* N*o To k la N .Tain ber, 1RM. aad t oterad .ipua lb* dulles of aald otCoa la .lenaary U>< reeftee, and cjoiocad tberalo until June 9. 1R67, when be died, that roar jttilio .er ?re?. on the 'ait day <M uae, 1*5", du y aeptrntetl and cim< looed oy iba Coremor of tb> Side of N?w Vara t* an u>e recaony la tbal oflloe oocaeloowl br tbe deraaee of tbe raid Jo-eph S ray lor, Ibe late dt-eot Orrniapwinoer, tbal jour pip i?a or hae accepted tbe arnd tppoot-n-el, and bat duly taken and tied bla ootb of offlne, bar daly elected eltb eudl eteat aureUe*. nod flled ibe becet ary .dBci^i b .ad, aad baa done, a? be b ad flood and belie re*, ere.ib oy .,mom nary In be dun# by bun to j.iallfy bimwlf for eter.-i*io( tbe donee of ea d offit*; tbal appertaining to tbe raid ofll w la a large quantity of book* and napert, inapt Md docu menu of rariou* donerimiooa. that rush bontr, ptper*, inaje and docaiDMiUi bare onme Into Iba head* of ..0, (barlea Peeno. and are in hi* pofeeatim, that ?oir pea turner ha* daman pen t e ?am? from bla. out tbal be ?rub bold* tbe *a e and ref iwa to dellrer the a to your petltioow. claim'ay I Imrelf to be the Street C HB'niaeloanr, wnd.e an alleged appoi. latent to tbal oflice by ibe Mayor au d Aideratae of eaid city." Nno Mr, Otnorer, by bl? petition, by the rary B??i paper tbal a a* prrreoted In Mr Joattce Prutbody, tbowod coo Clunre'y Uial tbe Jutrttee bad not one aha In a of juntoifl'ioo. 41 Ibe eery inception of tbe proceeding?at ib- eery in nam of lie b'rlb? when it a a* dlnoiueed U> the eye ..I the Judge railed up-o W> ex"rde? Li? fundli > ?, il ? a? a jua real ?n pate, t that be bad not one partiole of I'lrtadtoMea, fcroauee II loelw-d hint to try t? < qaetUoo of title to the cdflre Tbal jietiuoo, It. ao siaov worda, nay* to Juetlne I'Habndy ? ?r, here are Itro rlral etaintaol* o!B ta? cue claim lay to be appointed by tbe g treramenl. aou'hyr r tale ir.y In be appolotcd by Ibe Oofuora'tor. rh? one at bo . iaime to bare been appoliitetf br the G>rp irau.m Cla m* tr. bare tbe book* bod papera to bla pjanwiot., I, *h.) bare beet, appointed by tbe Goreroor, want thetn, ba la ?b ma<vf W lh? Knik* MFP 1*1 il ! i (Ibm MM tin r gliUul (id.' *r?o* the n rpolole* of in* Corpnrn'lnn, I urnot to ?**' iheni bin. b*cna?e I door he I* njnlfblly nf>|* t o-rl I d ny tie ii rtya.fally In crttl'w; I Omit It, b*r?.,e* the Corporation hn? no ri(jtt to {>! ''ot hint, nni b?rn-?e I mnlotnto the rlfbt of |hf (Jurer wor to II 1 Win i Oi *. ..In In U>* bum* *hliih Mr ( inoTfr Uio>' *h h r ?n?el, t eeeoU nt tb* flwt in?Uni to Mr J i*i.o* I'eeb ?d> ?n I en -no I I think I enn mmo Inin o|> n lb* ? ' '* nm i be ndyii lonUm* u ?n it ??d bi lb* renB?n o' u>* i n*? ibM Mi* i?! Uii nhould tier* (mob dm mi-?e<1 nitbou1 no nruiwer i y Mr .Jiietlo* | ?.b?it npm our m? I* ni ib* very n itnet.lhnt A* bo-' oo/orwiiotlnn n ?. ,o n ooi* It nh Mild here been ( Mot lly ond ?' mmwrtly dlnmiwd I need n I *o orer ?il Uii i *?**. wilt i b ?hir.b your honor o entirety teal nor I* *bo? ti nt It In ut *rif forego to lb* wbote theory nt our jerteprndeor* In ?n?tl* qnnetion* of dMpote In re 0*rd |e public flAae in Uu* nmnicr; w?y front u>? rery * g'n"iDC ft our forerament down to lie pr??ont rVom tb< M J <t>DMn'? Com to the late volumes of Be ! botir, lue it porta are roll of refer a* by the Courts in *n?'U ? rOCh q m?ll >tiH IB Buy |uBlil%ry form, either by b roau'eiuar, or Id bd> other mode than by quo war ratio, b teinedy rpectelly adapted 10 the re-e, wtie-e all the uieiriu arise and where ibepa'ty ha- the ryot of t'ta' b\ J :ry?Ibe right of I Mai by Jury, witn >ut wmon a raw cannot Iw deprived of office or etd*lc anl ouyhinoi lo bo Ttis petition U al*n defective in ol ?< " r*?peot?, to which I rhall pre?onily call the attention of the Court, fo- II dorr Dot bring Ihe care within ih atxt) nlx'-h arctioo of the etatule tn reFpecl to the time to I circumstances uuler which bookr aud paper* mu?l oome tu'e tno unsaeertoo o a party to reader him ametabio 10 ti? m Utnoa It re quires that ruch [>n**e"blon aball hare been acq tired furirg a vacancy in the cfflce No ?u-n allcgninu 1* made. Au<1 bear in mlnr.alKo, if your H >nur phiaie, that do poererelon la charged upon Mr. Devliu I' inv-e honk* ami paper*, except a po?f ?I >n tnddont tn the office ah'ch he claim*. H? was n < caarged with auch a fl^erwino of ih?m aa would hare exitled hat the. Mb in the iMisreaeioo of a clerk or officer of lb.* court or any private cit /.on The only poee-sioo or tbern uug gerted u ?>n the petition u a oossesrlon IcodeuUi and ap pertaining to the claim or office wfcicb he assorted; on a manual |m**eeal<>n; not that they were tn hla poole d, no that tbey wee In bis house; not that he had Iheat locked ui). Irarceatdble to any one but himself; but tuil he at sertcd a ooustruollve possession o' than u ln3ldeot*l to the office which ho cUlme 1 a right to hot 1. Now, need tt be Mid that ihii section of the statute has do sort or app'i cation to such a case as that? Moat obvio isly it ?o in tt-tilled to take the book*, paper*, m?p?, or otfierwiie of an otttoe, fro n porno at who had ac<i aired ibem In eon* man ner or other dillerent from the claim of possession which It Incident to an incumbent of an office?from some clerk in whose band* or to whose bonne books ma; have gone from a publio office?some pert on other than the actual incumbent of tho office, no matter who he may be or how hit posMxiion was ac quired; the theory of the matter bciug that the b >ok* aut papers of a public office are material and necessary to the office?necessary to the discharge of its duties, that an ur gt-ni necessity may arise ant exltt for the Immediate me of thone books for the public interest and welfare Now, may it please your Honor, thli it precisely toe view of ibis statute whlcb has always been taken by the courts that it has no application at all to a disputed question between pa? ties as lo the right to the office, and wham the possession of the p oporty, as is suggested, u merely in cidental and dependent upon the sue -?s* of the one or the other in maintaniing his right to that office No one pre tends?Ur. Oonover, in bis petition, does not pretend?that Ur. Devlin atserted any other description of claim to the ownership or possession of those books or the use of them except er officio as the Street Commissioner; and Conover says himself, In so tnaay words, that Dovlin claims the custody of the books lor that reason, aud upon that rea son obi) : not c'airning that he o vned them, not claiming any excuslve right or u?e to them but that they were in the office, in the apartment which be oscipied as a pchli* officer. Agalu, if your honor please, Conover hiunelf, ill' moment be assorted upon hie oath, before Justice Pea body, that be was the Street Commissioner, that be bad been appointed by the Governor, and tbat bo had entered ui< >n the duties of the otlioe on a curtail day?by 'hese very allegations Oonover asserted and shovel himself to be just as fully and completely tn possession of the books and papers o( the oiHie as Devlin could possibly be, pro vj led tbrre ooull beany sor. of truth In theory or fact tn tie allegations be set forth In the petition respect ng bis own appoint sent. What I mean to say it this: Ibtl inasmuch as Devlin, according to the petition, asserted only a right P> the possession or those boles and papers as incident to the otlioe he claimed?tlie office being the principal cla.m?that inasmuch as thai was sh.iwo by the petition to be the case. Ccnover allegli g the same right to the office, war equally ic possession of the books and papers: because 1)0' lin's was oal) a sonslructive and Incidental possess! >n, and Go over's was equally "onstrucd- e and Incidental: and for that reason, defeated by his own act, he was pre eluded o> those very allegations from any successful at tempi to Invoke the jurisdiction of Mr Justice Pooody, b< cause the answer was obvious: ' Why, sir, If you are eniiled 10 the office, enter upon it and discharge the du ties, and go on If yeu claim this office, an 1 some one else li in it, who claims o be rightfully appointed, the law gives you but one remedy, and tbat Is the remedy of quo varranlo " Now this view of tbat statute, somewhat more elaborated, no doubt, than was nccesaa-y, has oe.-n frequently presented to the oonrti, and wse well put in the case of the People vs fitcvons. (i:h Hill, page t.JS ) [Counsel quoted from the decisions of Judges Mel son ard Ilnnsnto show that where the occupant of a public office was in possession, undsr color of rignt, reme dy by mandamus should be der ic1, and the onD remedy ! allowed by the statue was that of quo warranto ] Now, certainly a writ of mandamus by the Jupreme Court, wbere you may form issues of fact, may ba e a trial,and n ay Invoke tne exercpe and claim the protection of ai' the to vers of the Court, i> a much higbe' and more dignified proceeding than the S'linsaary one described In this sta tute; an 1 a fortiori , If a writ cf mandamus is not allowed to tupera*oe ice em o' 7 jo loaTttiK in matters 01 p'mi.c otliofc where there ti oolni or right, do court will ever alio* this ilmott mechanical act, which a judge la, ex eflicio, permitted to (to under this statute, to ?>. ruede, subetai Pally, the use of the writ of rue warranto The earn-- au hority says that the relator, under tb*?e ctrcumstanccs, mitt flr?t have decided hi* right to the offlne. and ihen tt.u bo< ka aid papers will follow a* a matter of 6' urae. That la peectselp what there parties ahould have done They should, when they found Mr. iMvlln was In ofllre Induc ed Into office by the Corporation, rcoogotzed a* their officer and agent, In whoee behalf he was to act? wbm Mr Conover fouad that to be the caee, and that he rested nuon the abstract claim of right to he the incumbent of the office, why it waa the plain net, the m<xt palpable lnatanre of the proper application of the arrU of quo war ranto that couM be preaented to any lawyer; and alter he haji .>rMcni?.il hi* writ of nun warranto. and had eetao liabed judicially hi* right ofdtletntho office? when that beuroe matter of record, thru any perron oiler tban blmaelf Id tbe office wa? a more 1ol*uder?the rorlrwl treapawir la the world?a man tbere without cilor or *hadow,r?r realign f rlgbtor pr> prtety, and any poeroaalnD that be might hare jr arrrrt n books tnd paper* would not be a reapcctab'e and anr rop'iate claim o' poeseeriso a* incl Jrnt to (he right 1 of oflire, but woild ho a p<r<*oaaton which, If n.'t felAuou*, . would be at leant (yuan criminal, and would be ?ucb a ooe ' ar tbta etatute intend* to take away Next, we ear tbat be I bad do i|f M to proceed It the matter upoi tbe petition, , b< canae It diaclont d do other title to tbe offieintheap pllcant than an alleged appointment by tbe Governor to Una ollloe. In nrlui of watch offivi, an I by force of the commie* ton ttrued by tbe Governor, be claimed that tbe Juetsce ebould proceed and pet Mm In pwaomioo ol tbe bo?ka an i paper*. Now we ray that lb* Govern* bad ao right to confer tbe appointment on Mr Cono.-er, and for that rewao* the Juauce bad ne luradictioo to proored. We tay that tbe padUoo of Mr. Cn orer ebuwed tbat be dart'ed bta * n to tbe office from a roerro ? hich, aooordlug tc the c*n*Uiutloa and tbe law* ol the -Oale, bad do power wbaterer to o >n(er It op-nhim, aid that by tbr c- oitilatioa an 1 law* of tbe 8<ate, the power to Oil he office we* * xp-eaaly Tented I* Mine one elre than tbe G ivwrn<>r to wit, the Mayor ant AMernur, if tbe r.'y of New York, ana that therefore, by bur own p*<om, Ocnover rbowed that ha had o > a? t ol color or claim of right whatever to tbo iurladto loo of JtMtlcr I'vahinly Conner I weut 00 to ho* th?l t a uffid* of Htreet Oomml-atooer wa* errocial v a loml on' and orn'equei 11 > by section 10, ark 2, of the cone Itut.on, that officer rb-u c be eleciad by ihe elector*, or apitolnlcd by fticb aulborltiee of tt e ctly a* tbe I, gtrlature abould e ljtnale Now we aball abow, be mutinied, under tbr Drcood Match of tbe argument oo tbi? q ettloo o' the power of appointment, tbat tbe leg a'atam d, I de tgnale be autborltler, that tbe I-e*l?lature, under tbta power Id tbe nonitltullon. did designate the municipal authorities which abculd Oil tbla office of Aire* Comult tionrr, ao that thrr? could be no poarthl* room or ground of mlriakc la lf?4# tb*y provided that tbe dtrart Com mtarloaer *b wild be elected, and by be cbaru - of l?6* they iwoTtded that be ?bonll be appoln.wt. X >w, may It ptrave your H nor, tM? provtal >n *f the O n Hit t1?o bta rrcvtvwd a bi*b J j 'tctal construed L. exnr welt applicable to tal* oaer, to the recent dect?iou of tbe Court of Appea a with refrreocr to be M>trop?li<an Col toe queatloa The oitDion of tbe Court id tbu care ta ciewr and explicit to tbe point thai If tbe Melropolllao Pallia com m r loner* were rlgbt'u'ly to be rega-tlod aa city offl ver* Uierr atuid he d> Qoobi n? to uBeoauittui >ne:tty or tbe appiolrr.r-Lt ebtcb tbrj rlalmel through tbe I>egl?le lure, tod that It we* becauee. by the U-rrn of tbe act, ib<y wi re tbe nfli -er* not of a city b it of a dlai'lct com prolog *everai ciUea and part* of aeveral oona lea. It vat "ul> by virtue of tbat machinery io the act that thoae Gnmmiarluae'* were taken out of tbe aff'Jt and operat on of 'hat ciaoee lo tbe OnwlltutloD, but tbat?(*ucD la tbe a tea takrn b> the Court)?ootb i>( ooul 1 he clearer or mure reriaio than that neither tbe Leglalatur*. nor 'lover aor, do- aay authority r i.wpt the antbortuea of .h i local t y Ihrlf, nan Id any Irataiti-e appoint a rty.towa or Tillage bfliarr w? claim that caae u an adj idlcatloo ripreadly id ( nit ipne tbia aery ala ae of tbe OroetltatPiw ait lo re (actio o tiii!Dlcl|ia! nfll ?r, and It ha* all the effect aod force that it ontihi haae If tbat had hero the aery pjmt a< jadlcauo |r fart, I may *ay It wa* ihr very point It wax Di?*?ary for the Court to i?*a upon thai aery .juration an to ebe'har they aera cl y officer* or not. for It wa* Dot ditpmed tnal If they oere city officer* they cell Dot bold or derlao th. !r apumatmeot from tbe etecullae authority N'rr e?o It be aatd your bou <r, >bat thi? c id atitolloial provision applirw iraly to auch officer a< rtlated b? the ?ame oame they are no k?<>on a' ibe bme tbe eoatUtuUoo vent into effect 4 ronerttull'in appuea for all time It la made f r tbe future aod for tbe pr. eeot?not fo? the mm It anphea to all aaeo? properi? artalog under I la pro t|r loot I make thia remark henn taa aomc atreax war laid on tbe faet that tbe ftreet Ouitui'M' toer'a Da twrtment vie orfaptaad id 1140. a?me tb-?e veat ar,er tlx- adoption of the contltuvlon. aod that there' -e tin* prurteioD of the ooo?tltui|en dll ool apply. I cam tbat It doaa apply to dot olfloe p*o.?.irly called a city, Iowa, or village office, do ma'ter bow long after tbe formation of tbe constitution the ufllor may I aae been created, for It'a '.a me nature of a cMMtituttonei provision or fjnuamentai lav that It should provide for future cottngeocie" lo a f >vr?nm?ot; and to kb it dnee not apply to any rate of tin .g? except tbe oer in stuti-non at tbe moment H ??' *d ud d would be to r%) tbat you m ! bore a new cooelltntlon erery ) oar and t?io? a year If political ea'geoclea hould oo mr to earrant it* id? "cal'on 0 uieael oootloued to chow tbat tbe oflic* did. bo never, ex tat in IH49; and as "be la*<clauae ?f bi* a-Kutiunt ?o t?.|? po'nt, be OOP tended h i? pre tj* Kruno and Illogical It wo Id be?bow up rvef to erery f r-ci drnl in la e an I ever -, rule of rreeea ?toD'eome th it ? ben, oorter the rhartr r of 1 Hh7? lo force befce tli t TV ratx * of thla offlca^-ihe Mayor aod Allemen ha I the appolotraeiit of the tDC'imhent for he wh ile term. they should be dented tbe rtgtl in flit tbe vaciocr for a pcrtioe of that full term The (reaver piec.r oerta'nly alwayt emhrac d tbe leaner. Hit aev.-ntb mint ? Seventh Tbr .errant f, f?M ea Do u*. AfMM Ifl encb n uroreerting moil recite ell the fwit o??-n 1a! Itrho? Jntled let-nt In the (,fllc?r n?tMo< tt fl'o<re-? r* the I Wle, 4 J. R , 2W, Cerm-nd Tt (be People, I Bill, #44 ) The on'rent l? *nl<1, heceeee? 1 It pnrporte te b?*e h<cn teeonrl ueter en e'ud'nttlon mede In the topreme Court, wtinrena u nlrertjr ih >*n J online I'enhndp now 4 only nnn Oommmluom in n nrd ?i turnery proonndinic 2 It doe# not aet fo-tb the title of Connrnr it the nffler of Street Con" inner, bat aerelr nilofae tbet he ?nr "tlolp nppolnUd end oommtealonnd." > It doe* nut eptx-er from toe werrent that l Prehndp edjndired tb*t any hooka or p?i ?o of 'he o?t,rr of Oir?et Coin-ill eloner rente to the banda of liea In Rut If, bp nnr men on, It ooald he held tnnt etch en e1 judication Is etnte 1 In 'be wtrrnot. It le e nnr thni tt la not ml* fe<1 to hnar been determine I tbnt eoeb hooka or nnpora - me In Deeltn'e pweeton during n rariarf In ttte ottdV, or bet ore the prooenainf before Juiuoe Penbody tfHW YORK HERALD, F ? ? coaraeooed, or that ?ach book* and papwe were b? lb Uwt tin* HfiiM of Devllo (Bmaao TO the ft 4 Barn. llabeaa oori no oot, aeo M ) 4 bo *?rrui to general to to oook? ao<l paper*, and neither tb?t prucera nor any paper Before Justice I'eaWly , itp<<iflea an> book* o aaoert Su ih a teneral warrant to void. (See Bill of -UghU K S, lot vol. 91, sec 11. It being three o'clock, the Court hero adjourned tbe 1 further hearing o. the aigumvut to eleven o'clock to-lay. 1 I Order to Dliow Cauae. 1 OOl'ttT or COMMON PLKkH. I Belbre Judge log'aham. I jci t 23 ?On the aitUng of the Court o' Common Pleat hi* tnoming Mr. Brady asked that the referee, to whoee 1 appointment the Oonrt oonaonled yesterday, should now be named aid a time deed for taking testimony bafore him. Tbe Court niBMd Henry Hilton, Eiq , end counsel agreed o blm. After some discussion between Messrs O'Conor and Field aa U> tbe polntt on whlob the tei-tlmooy waa t> be 'niton, fie Court decided that the referee should take toa ini ny and report as to whether Sir. Brewer and the Con xiabl i Farringion ware present and knew of the service of iijuuct on en Mr. Conover, or heard the ann inncement of be same?where the search warrant was when tho In motion was served, and whether any slept were taken owards tbe execution of It?whether Conover knew at tho ime that such warrant was Issued. Mr. O'Conor then read an order of reference to some po'nts tn which Mr. Field objected as being offensive. Mr. O'Conor denied any intention of giving oQVnoe. Mr. Flela presened several amendments whleh he wished to have added to the order. Mr. O'Cnntr?I object to that, sir; put It In s spa'ate If you uhoore; we do nut want your sins mixed np with our UK . Mr. Field?There Is no fear of that; we have no sins, ihey are ail yours. Mr. O'Oouor?If tho gentleman finis In any action of intne a single spot or blemish, It will be by some perj ired witness. Mr Field presented a paper, which bo wished tbe Court to add lotisoruer; bnt the Court ruled that it conainjt many things nut pertinent to the or^er made yesterday, xnd refused to receive it nr. uraoy wisnect tnai ine testimony snouta do iakoo before Mr Hlltou at MM, but Mr Field objected, as there were ouh two ooutieel on bis side, and be did not cboose 10 leave Ibe habeas corpus case. It a as ib<D ar rapped tbat tne testimony should betaken in the afternoon, when the habeas corpus case teas over. OKI1KK t)F JCIXiK INOKAHAM. The fallowing was in the original order, but was stricken out by the Judge:? "And alee that the said referee ascertain and roport whether David Dudley Field and Itervin R. Brower, or ithtr ol the counsel m Mr Conover, and which of them, knew tbat the lojuocti n bad been issued," Ac., Ac. Mr. Field submitted tho following amendment to the order, which was also stricken out by the Judge:? "And that be Inquire whether an application was made to tbls Court, on or about the 10th of July instant, to Inter fere with the proceedings before Mr. Justice Poabody, and if so what that application was, and what o der was made and where the samo now is, and whether It was kept secret, and If so wbv, and when the injunction In this case waa actually obtained, and whether It was aftersaids altered, and whether It was kept secret till about one o'clock ofthe 18th of July, and if so, way, and whether for the purpo.-c or dm ay at d embarrassment an Injunction bad been obtained from Mr. Justico Roosevelt on the iI7ih of June to show cause on the 3d of July at II o'clock A M , and kept secret till Qve o'clock P. M of the M of July, and what has become of that injunction, an 1 whether a certiorari war surreptitiously obtained from Mr. Justico Da vies on the 10th of July inst, daring an interval ot a few minutce obtained by Devlin and hia counsel upon the alls gatioD that they desired a fe w minutes delay to make their reply to tie new demand for the books under the order of Mr. Justioe Peaboby, and whether the repiy then made was the production of the certiorari, and wnetber when the motion to auperselo the certiorari was made Devlin'a counsel declared that they would get a new certiorari, and whether an a iplicatlon was made for ?uch writ, and whether James T Brady, Charles O'Conor, or any other oounsel, and who, advised or knew of these so reral proceeunt* " Mr Hilton havirg appointed foor o'clock for the bearing of the testln noy on these points, counsel met In bis otnee, Trinity Buildup.-, at that hour, when the folio wing testimnnv > > islrt n - TESTIMONY TAKEN BIYOFI ITBNHY HILTON, 181). Daniel E. Sickles swo-n. and examined by Mr. Bra 1y? Wuio thecourt room in New City Hall on 18th July, when Justice Peabody signed certain warranto In the matter of Colovei against Devlin; taw search warrant signed; was then tew ed near Jas. T. Brady; taw Mr Brady band a payor to Daniel D. Gonover; that was Instantly after Judge Peabody signed the search warrant, remembers where the search warrant was at the time Brady handed thoie pacers 10 Mr. Connver; during a portion of the time It was passing from the hands of the Judge to those, I think, of Mr Bertholf, an ofP.oer of lha court, bsard Mr. Brady make an announcement at the time be banded those papers to Oonover, a h cb consisted of a complaint and Injunction tosulng out of the Com aon Pleas ; Mr Brady rone and stated to Ihe Court the substance of the proceedings m the Court ef Common Pleas agiUiit Mr. Conover, Mr. Devlin and the Sheriff, that he had^nst served the Injunction on Mr Oonover, shich forbid him, or the Sherui, or any Constable or attorney of Oonover proceeding any furthar to | this matter, or Interfering with the books and papers of the Siroet Commi-sioDer's oflloe, and which likewise re strained Mr. Dev Un from transferring said bsoka and papers to tonover, and expressed a hope that all parties Inter, eeted wbo beard what be said would reapeot the injunction of th> Court of Commm Pleas lMoe<l by the Klrst Judge or that court, D. P. Ingrabatn [Mr. Field objected to witness stating anything more than ihe fact of the time of the announcement J Mr Slcklee continued?Tbe precise time when the papers were handed to Oonover to Died In bis mind by the circumstance tbit hli alter don was closely Oxcd un all that was going on so far as he ?wM see It, bnt especially directed 10 the exactgmoment when the papers were served, because be was ani out that not an instant should be lost after the warrant was signed; 1 had a few moments before asked Mr. Brady, who bad the papers In bis hand, when be would serve them, be replied to me? (Here Mr Field again objectsd, and the rcleree decided that tbe reply was not necessary ) Cross examined by Mr. Field?Was not one of Devlin's counsel; he appeared lor the Corporation before Judge Peabody, In (connection with Mr. Busteed; knew that tbo Injunction had been taken oat several <!aye before; Mr. Brewer was the lir?t perron who menu wed it jo him. Mr. Fold?The tn.iun:uon is dated 17th July. How will yon explain iliat ctroumrtanoeMr. Brady oujectei?The court this morning ruled tliU all that mainr had nothing o do with the order Tbe referee sustained the objection. Mr. Hn-.klfs continued. The Injunction hail not iieon altered after It was Issued al any tlnio wlinn ho was present, 1 can uuly speak of It by hearsay ; brard II In the flrst place from Mr noticed; did rend tbe (taper* that were hao-led to Mr Oonover; mvtle hlmrelf a <| alnted with tbe originals of wbish they were hooott copies, lite papers were not all hsoded to C novcr In ;oe parcel; the summoas and com ilaiet were annexed, the In., nctlon separate, tney were all handed >t tbe same instuot. .lame* it wtiii'u aeorn. mi oxmnroea oy wr. H'auy? I* a clerk Id tbe department of H? mm and joppller, * i' In the court room i n the Hub of inly when Judge I'mbody elgnnu the rearcb ??rrenl la tbe matter of Cooorer > , -t r ?*? Utile T Hr? U baud none pete to Mr Cooorer lortanup after tbe aearcb warrant wa? mgoed, at the eamr moment that tbe .lodge ban lei It to tbe Clark; kooe* iri t R Brewer; till notion Mr Brewer abtn Mr Brad) hauled the t?per* to Mr. Cncorrr; beard Mr Brady am >i;nce to Judge I'eaboly that be bad aerrod an lojuoclioa oo Coarrer, that W*l about the eame time be beo<ie<l tbe paper* to Oooorar. Mr Field cro** eiamioea-Ho'd* hi* place under Mr Oevlla; baa talked with bin annul bi* Pwila toy tioce be bo* boeo is ibla room; IhtIo am ply aaaeJ blm what be uw Id tbe court room, and nothing eUe;'told htm what be at, wbeo tbe pepera were acned wttjeee waa anting J >*t oulalde the railing to tbe left of Mr Brady, a few feet frutn him. oou d ere Brady, Cooorer aod Bertbolf at tbe oamt mom mt Brad; woe eerea or oigbt feet la tbe rear oi Mr. Cooorer Frederick L Vulico worn, and examined by Mr. Brady ?Saw an lojuoc.tton aod a c>py leaned la tbe cone if the Mayor, Kc , agniuet Cooorer aod other* on tbe 14th Jdly, about K o'clock in the morning at tbe PbcrifT* office, u ea* eerrrd on the nberitT an- del-vered to him (aritoeaa); cotnpoied original and copy, aod kept the copy In hi* pt?ee*elon; did not Inform Mr. Caaoret that Rucb lojunc lion we* In hi* poaae** on, bare not *pok*n to blm 10 one month, did not rooverre wttb Cmorer'e cotioael about It?If Field Noyer and B" wer are hi? oouneel, wa* l> the court room on the 1Mb of Jaly when Judge Peib xly ?igo ed the warrant for Urvlla'* arre*t,lke commitment or warraat waay?tei|e-red to bin under thoee ctrcumnamo* ?Toe writ war ?et!t to the Sheriff'* office aod lodged f>w entry, tbe un ler Micrtfl, Jamee 8. Wlllett, *eot It to blm wbile bo waa la court wltb direction to a*rre It; wa* not pr**e? when tbe a?arrh war rrart waa r'gne t, be iblok*; wa* tber<' when J OH T Brady annoauoed that an ipjeniUon waa tarued that wa* b*fo * the warrant of arret wo* dell ered to Dim, d d aot boar what Mr. F?>d mid In aoawer to that announcement. left tbe court with Mr \ aii'lerpoel after Brady made that aooouncemrot; did tot tee Brady ban t paiwr* to Cooo rer. *aw Mr Brewer at or ahoal tbe time Mr Bradr made that oon .lineament: be waa In court when It wa* made, kooan Jo-o K 1 a-t ington. bo wa* outatde of tbe ral I; g ID the court rentr when tbe auneunoement wa* made taw Farrlngt n and Brewer going down itair* f'0? the cour. room, tb * wo* at*r tbe announcement '> *? exam ned by Mr Field?Bre err wa* within tbe ralllrg I tbink. when thl* annoiDOc-nent wa* made; can't *ay whether he wa* "landing or Pitting; waa anting olore under the Jodrr In the mnrolae: the fact that he n court at itii lime the aouo inrnmrnt tm made I* i d*ed my ht? memory br aming him In the Street Commie Mtrrli iflN *A Mr Harrington, acting m ooiaiel, hat I'd hiin to the vnclutioa tt at be * aa la curl at the 11me i the annotiiioemeni To Mr Brady ? Ha? now a recollection be tv In Court at tiial lime, when wtwea wont to arreet Dentin Brewer ai there, do not know whether he wai there whon be ent la To Mr Field?Did not eee Brewer recetre *he aea'ch aarrtnt; h?d tell Court before tha*. waa coming not of the Ide ro. m alter ronenltlng wl'h Mr Van1er,>orl a* to what ?a? to he done about tb Injunction whon we eaw Brewer *r.d Far'lngh n running down fair*; wae only two or three minute* In that room; long eno igh to read the re tra n'og ciati'e In the injunction; don'i think Mr Brady

made two or three announcement* that morning, not more than once cerjalnly ronoernlng Injunction* Jiiwf" ' ummTfig BWOTD ? IN mwing mm know Mr liefln; wm In Oirt on Hetur 'ley left when wnrrenie wore leaned; u* the JoCye ilyn eon?e -eoer noil hen I It to Mr Rreeer of one or bin neeoilaton; heard Mr Rredy nay eomrtMng ihout nn Injunction; een'l eey wbet perl of the llaor Hrewrr wee on then, to the bent of bin opinion be wen la the ?*><irt room. Tr. Mr. Field?1? now enyefod under Mr. Perlln; doee rot know yet whet hu biirlncee mey be; done not remem W the day he wee enyeaed, rennot tell where he In trotng oat of mwn, eoppoeen it In 00 rnw butinaea of the <ori*>reilon Ion the Ooort eflor Mr. Bredy, did not come there with him Adjourned to Friday (to day), at 4 o'clock. RIDAY, JUL! 24, 185T. Application for Certiorari Agaliut (He Po lite Com mlwloito re. BrrKi mi oorur?bpb JI4L tkrm. he I ore Hon Judge Blrdeeye Jn.r 23.?Richard (:<iml>hng t*. Jocub Ch^.udl and u'kin, Otrmmimtimm of Police.?Gambling appliee for tbd allowance of a common la* certiorari, for tbe pnrpc-e or reviewing the proceedings of the Board of Police Cimmit lionere, established noder the act of April 15,18if Ha ' alleges thoee prooeediugs to have boon Irregular, 1m proper, without authority, and without jurisdiction It is not now necessary to dee'de wbetner the aow of the C at nis ' rionere of Police can bo re vis wed In the manner aoughi to be adopted. If any pnaer eai*M to review the aoia of the present Oommuoiooere la tnia manner, lav same pjarar mui t have eilatro to review the act* X tbe Communion era ; created by tie "Act in relation to the police of iba city of : V<?1 >' naaiM Aliril 13. 1863 But. BO far a* mv ! knowledge ex ends, this la thu Oral InManoe la which such j k course bu been adopted for suporvi-ing iht* act'on of ellter Board of Police Commi??loners, or er any ofll -or* wbo are Invested with tbe government of tbu police. With out parsing on tbe queilion of power, i am unwilling to al low tbe ctrlioian applied for. Tbe allowance of ibis writ la d >1 a malier or right. It rests la Hie sound dl <cr?ttca of the Court It baa often been denied wbou the power to Uaue tbe writ wta unquestionable, and whom ibere was ap par' error In the proceedings to oe renewed. If the writ ha* b?en improperly awardod It may be quashed, eren afu r a return and bearing on tbe merits Woere the writ wi 1 operate as a public luoouv. meuoc It should not be granted. (See tbe People vs the Mi.'o- 4o , of Mew York, 2 Hill, 0 In the matter of Mount M rrvl* *qua-e, It II Tbe People vs tbe Supervisors of All.ghan), 16 Wendell, 198. Munro v?. Baker, 6 Oowou, 396. Tbe People vs. tbe Supervisor* of Quocns, 2 H'tl, 195. .'ho lecple v?. the Mayor, &c., of New York, 43, 49.) It * ould certainly be a matter of jrave public tnconve nieooe, botf ao?f tr as tbla flourt and tb< auito-e in It, and 'be Police Oommiralonors, aid Ibe Important public Inter cm* committed to them are concerned If, by the uro of | re writ or certiorari this court ia to be required to review ail tbe decisions of th we Commissioners, lu removinf fiom ofllce the men under their commit d. Ba'nre taking any ?tep tending to *ucb a remit the Court must be full* astir nod of the cxli ten e not only of tbe ei'ir, but of an urgent neceaslty for thus intervening to oorreot It. Tbt pract ce of tbe Court has long been ooofbrmml to this obvi us principle. Ir tbe case of th* People v? the S ip*r visors of 0, eeas (ubi tutrra) It was held that th? parry , gainst wbi mile writ was applied for bad a rigbt to road opposing affidavits en tto motion Tor the writ And in liunro .a Baker (ubi ruprx) thin Court set aside a certiorari as it regular whi.b bad Issued without notice and withe ut cause ibown by affidavit Tbcv said ' that c*ubo m ist be ibown In ad canes wl ere a certiorari It brought to review the proceedings or an tnfeilor jurisdiction for error. It is never, of ciurso, exci pt wbore It Is seed out by tie people. If It wore otherwise we might have every pdRy .judicial controversy in the State before us." The consequences of Intervening In a class of cases like tho prosed , except for | the most urgent and satisfactory reasons, are sucn as to lndure caution In breaking down established safeguards i The a p curat ion for the writ is domed; but, as reasons may exist of sufficient strength to warrant the interposition of the Court, sucb denial must be without prejudice to the pe , titioner's right to renew the application, on notice to the Commissioners of the Polioe, and on serving them with , copios of tbe affidavits on which the writ is applied for. As they are charged with the performance of public duties, Ibey should have full notice of tbe mo'ion, and an ordor to show caure should not be grauiod . so as to deprive them of the bonetit of the role entitling them to an eight days' notice. Violation of ttia tguaraiitli>e Laws-An Kxrltlng Cluse, COUBT or SPECIAL SESSIONS. Before Justices Osborne and Oouolly. Jpit 23 ?This morning's calendar, Including a number of ball cases, was unusually large, and although the Jos- i ticcs despatched tho complaints with promptness, they | were three hours on the bench. A RRrTAL SHSSrLT. Bsrbara Millen, residing at 236 Twelfth street, swore that she was violently beaten and knocked down by her huaband, George Millen. lie was sent to the penitentiary Ibr six momhs. AfturLT rro? ah omen, Henry lUlonsy was sent to the penitentiary for three ( mouths for assaulting officer Samuel Burden, of the Eigh- I toeffih precinct police, on tbe 20th of July. i witt lseceet. Elcn Scott was tried and convicted of abetraoing a 95 bank note from tbe person of Daniel Smith, of Tarry town. Ellen was a bad girl, and the Oourt punished her severely. ; Penitentiary for tlx months. notorious nrspocKnn. Richard Smlrt and Joseph l>u*enb'.'ry were tried and | found guilty of picking a p >cket at the corner of Catherine ! and Henry rtreeu on the 13th Inst The officer caught | them In the act, and gaee It aa his opinion that the prisonera were connected with a gang of notorious pickpockets. The Justices eery properly concluded to Impose the ae- j vert st sentence which it was in their power to inflict? 1 ntmely, a One of $60 each, and Imprisonment la the penitentiary lor alz months each. a nAnumnrx AHUCT.T. Ji hn Hassan, of 241 South street, appeared to preeesnte Richard Burke, Wn. Hearn and John Vail, who heat him severely, indicting a number of wounds, which, however, wore not very dangerous. They were found guilty or the charge Burke wu lined $50, anl the ' other two $26 each They appeared to be respectable i men, but not having the requisite amount In their wallets, 1 they were commuted until the fine wss paid. A Ll'CKY rSl.LOW. Patrick Hay was plaoed at the bar, charged with as aggravated assault upon John Beatty on the 21st of July. The complainant was the only witness m (he osss. He testiOod that Bay struck him on the bead with an tmitru nn i t. which be supposed was an axe, causing the blood to How profusely. Hie bead wax enveloped In bandages, and i \. * appearance Indicated that be must have siilored much Irom the hands of his assailants Judge Osborne, In pronouncing him gnlltv, observed that be was lucky In not being put on bl trial for murder or irai slaughter. He was sent lo the penitentiary for six mouths. lABcmrv. Ieroos touts eras soot to the same Institution far the period of three months, for stealing a tub of buller, worth $11, from a stall in Washington market. Asornnt orvicr* Awurimp. ?fficer Heerv M. Hyatt, of the Twentieth precinct, swore that James O'llara xtr< ck htm with a club while in the dls charge of bis duty. City prison SO daya. itHKACH or nn qraiuimin laws* Mc<;*rlee, Fly Thorn, J >ho McQae, John Murray, Hrgb ivrrgal, W Mc.tervlt aud Patrick ttcUoc wore tt<rii placed at tbo bar, ahnrgcd with violating the Qua-ao tlte law* of tbo State Ob the clerk a-klug tbcm wuotbor they were guilty or not guilt r, they repl od lu the afllrm* live, and Judge Osborne romandoJ them for sentence till Pa.trr'ay. Tbi utce was disponed of in lose than two minutes, and were It not far a subsequent Interview with Or "Tj'^mjisei). tb? Ilral'b Officer, our reporter would not | liavelea'ned toe particulars of the case. Too defendant* endeavored to clandestinely reaovs Mri. Mary Mcliervi , wife of one of the men, ("mm the ahl,? F len Austin, which waa pronounced an 'nte*ed reaael. Subjoined It the affl , davit 11 jsin which bey were arrested ? Stat* of Ante I'trt, Ciy and Cbunty </ Arte Tork, u ? | Alfred Van Cllrf. of liimpkio'vllle, lb tbi oounty of Richmond, and Stale of New York, belrg duly sworn, ; do .we* and fays?That en the Mb "Jay of July, 1867, i de >?*nt was <n bca'd o'a ba-k. lying within tbeQiaraa 1 tie ar cbo-age at F ,ten Island, and saw a boot rowed by a in inbrr rf mrn ,>proacb Hie ship Kllen Au?tln, lying at i BDcoor at Ibe guar an line ground; that the aaid sbi j Kj ion Austin la an Infected vmum 1, having bail person* on board j sick with tbe smallpox, ant waa at that time under ad tab i jret *o Quarantine utwa; that deponent baa boon infotmed, and verily believes the same to be true, that the naaea | of the men ou board said boat are Jame* M iCar .ee, i Fly Tbcrn, John Mc'tee, John Murray, Hugh Itonagal, W rvl nod Patrick Mr.flee, and that the aforesaid men 1 are row ronOncd and detained In the lockup at Quaran tine, deponsnt aaw said men row their boat aongaldeof said rbip F.llen Austin, end go on board of said ship, aud afterward* return to their boat, taking with them a person , who, an ttila depjoent la Informed and be leven to be true. [ waa a passenger on board of said sblp iQlen Austin, ana that ibe name of said passenger la Mary Mihervtl, and that raid Mary Is a slater to the defendant (W McDervtl) above named, and that the aaid men oiandeetlD?ly took the said Mary fiom on hoard said ship Kllen Austin, In vio- 1 latlon rf the Quarantine laws of the (Kate of New York: j mat after leavitiw said rhin I Irn An.tin Kith the aaid I Mary on board of their boat, the rerun men hereinbefore rained immediate ly rowed their bint lo the direction oT tbe M) r New York, and bad proceeded about a mile and a half In raid direction when they were orrrhaulel and nrr?wted by the Health ofllrer'n bargemen, under (be order and dlreetloa of tbe Health (inner of tbe Quarantine, and drporent pray* that tbe aald men mav b? arre-t-?t and dealt with ee (be law direct* A I.'HUH YAM Ct.TFF fwora to liefore me thli 18th day of July, 1867. B. W OVnotuf, CuIMm .luetloc While one of tbe aflarkit of the Health office waa fnml eaw the uaplcioua mnrcmenta of tbe drleni.ante and wac.bcl tiem clone y. They approached tbe Infected revel and geA Mr* McOerrlt on b tard tbe boat, when U ej r>roceed<-d to dlarobeber of ao ne of ner apparel and aerght t" dwgoiee ber a* much at tbey could When they baa accemplirhed th itr object, in which tbey coo emulated ihrmtclrf" a? bring rery auoceaeful,'her made for Nee York with all uoaatote roeed. Tbey bad rowed a mile and a ball from the row I before Itr. Thompeou waa made acquainted wnb tbe clrcumauncee of tbe erne, but he loat no time In darpat'-blng e boat, manned by a number of hie meet < IBclent deputies, <n purrutt of the defendant* Thr race waa an eicltlng one, which reen'ied la the capture an 1 a-i+<t of the abore naniod na-tia* Tbey appear to be rather reepe* aide men, and affirm that ther were totally ignorant of the lewa relative lo the regulation of Q laraoline. Tlie Health Olffeer ray* if they cm give e retlafactnry ripliT alien to the court of their conduct on ilile occa*bte he wl'l rr com mend the Judge* to Imp ho the low out pun rhtn'dt Ibe lew will a< ew, which la a fine of HOOoo each Tle> eonld each be fined fijOO for thia off-"nee A* before rt ma. ked, they were remanded for aentenoe till Saturday mil ah raurwom awttiaarr at rmm Henry T.lndera ruth wee courtcied of ao attempt to Indure a* (ami y to learo Cantle Garden and put up a. a hoarding hoo?e. of which ho waa tie ropuwentatl -a. It waa prirtd that he had no lloonae to panne thu emigrant rri ning buttlnrv, and tbe Jngtloea found him guilty. He will be eentoixed on Saturday. Pr?nt nrrwmtw Cowan. iw Corar?A Phtol Dbad.v and Hun ? We ond-iratand that a difficulty oe ccrrrd at fHootnlogton on Wednueday, between Judge lb-ghee and Judge ftuahkl'k, groelng out of the eiami ration of r?me "Regmature," now going on Hugbee la rrr the defeoce and Biehlltk for the pr inanition. The latter air nek at tbe former with a cane, which be warded uff, hit which bit him on tbe beck of '.ha hand. Hughea [' u? a plrt'l Mi't fired et BdMiklrk, o il toitif one preeent lore* up tbe barrel m be mm Id tbe art of firing, and the I ell lodged Id tbe nelilog. Tbe<e ere Ibt meln facte m we lioer'l lh<m, bat they may noi be true Id every pertlc tlar A very trgrj end etrlted atete of feeling prevail* el Bloom Ington regarding tne dntrga of tbe Regulator* end lb Mr exUttnaUon.?Ane A(bmi(ln4.) hetgrr, Jutf IT COLLEGE COMMENCEMENT. Kimlwi at Union Collet, II. y -Krhtmctady or tl>? Olden Time?1 he Indian ? ? f rogreaa of (education?Union Collage * Its foundation. 01'it BCUKhECTADT OOBBB8rONDBNOB. Scn?SBCtu>T( July 22, 1867. I arrived In ihui ancient town at an early hour this morning, and am prepared to assert that to one I earing the pro grettlve predicts of our loading metropolis, auoh a faot la well calculated to set one's notion* of onwardnoaa baok at least ten degrees. The town ha* a Unlshed aspect, and al! of the indigenous Inhabitants look as though they would g&rrote any one presumptuous enough tc think of ad vsnetng (he Interests of the place by the same means thai the interests of other localities.are made to go ahead There are reasons for this. Fes have taken the trouble to bear In mind that daring the continuance of the "Dutch d> nasty "in North America this same Hcbeneclady was one of tbelr most flourishing cities. Nor will It oocur to many that Its Importance was net at all diminished when la the year lf6S thrvdynasty surrendered Its power t> the hands of the English. Being the centre of the trade carried on with the Indians, It was one of the largest, If not the largest, Dutch town In all Amort ia. ! Indeed, tradition asserts that It was much larger then than at the later period of 1834. A stunning blow was, ' however, dealt at IV prosperity by the French and Indians on the occurrence of the colo a rated masaacre. It was a shock from which It was a long time In recovering. The following anecdote Is told of tbe massacre:? On tbe night of Ftbruary R, If,90 (O. 8 ), 1691 (S. 3.), tbe celebrated Indian massacre took place. It ta represented Is an old and obsolete history that oa that uight d'Atllebout, a Uader In tho.-o times, cogged over the Mo bank to visit Colnno: Glen, snot be r prominent m?n of the csy, and wss actually conversing with him daring tbe progrew or the work of death Colon, 1 Glan was exceedingly amicus to Inform tho good people of Scbeneotady. Ha Anally sent across a messenger In the person of a friendly squaw, who had formerly sold brooms in the village, to tbe doomed inhabitants. Sho stole quietly away and gave a few of the inhabitants timely warning They did not be lleve ber?not thinking that tbe enemy would undertake so perilous sn expedition at that season of the year At that ,.rv moment an armv of several hundred Frenchmen weir within one mile of the village. Tradition says that he paid a visit In r certain widow who was regaling the pastor of the village wl.h chocolate, which waa a great rarity tn those early tinea Oo entering the house of ihla widow, the squaw shook iff the enow from her moccasins on the newly acrubhed Hoor. Thle elicited a sharp rebuke from the overnice widow, at wtlcb the squaw look umbrage, and, turning en br r heels, loft the bouse, mutter tng as the crossed the threshold, "Your floor sill be ulrty enough before to morrow morning." The nana of the pastor was Ta>sam?ker, the irvt clergyman that ever settled in Schenectady. As the squaw lelt he rore from the table at which be was Bitting, and the sudden trembling of bis limbs and paleness of hie countenance give evidence that the hln' ot the Indian woman was not lost upon htm He left the bouse without uttering a word, and wast became of blm was never known. The superstitious belief Is tbat be was spirited away He wan the lirst pastor of the Hutch Reformed Church or Scbcnoc ady,ana lmadgrsted from Holland, atsumlns tie pastoral charge of the r.uurcb as early as the j tar 1681. Previous to this time, the peo pie attended church In Albany?a Journey to which place and return ocoupled two da>s. The history of Scbtncctady, so far as It relates to eluca Uoo. is sound and healthful? the first English school being opened In the year 1710 From the earliest history of tbe town, the people have ever paid the greatest attention to the interests of education. From 1730 to 1760, a female Borrows. Tte first boar tlinn school ever established In tbe city was founded In tbe 5 <ar 1810 Sbo was succeeded by Miss L'rania E Sheldon, tbe present accomplirhed spouse of President Nott Tbe Interests of tbe 11 ret college ever incorporated In this State were Intrusted to tbe rector, chorea wardens and vestrymen of Trinity cburcb, New Yo>k, wbo presented a part of ibelr cburcb farm for tbe use of the college, and agreed among tbemsclvet to make up the salary of Dr. Johnson, of rtuatford wbo ?. as called to the presidency thereof I rion College was tbe second one established, and likewise received its early aid from a cburcb eittb llsbrmnl Concerning tbe first college building, I learned the following iiitere-tiug fact#, which will be read with Interest by tbe many sons of Union scattered throughout the land:?In tbe year 1786 U10 Consistory of the Dutch church built an academy on tb? nolbwsst corner of Union street This was the first building devoted eicluslvely to literary purposes ever erected In the city It Is still stsndtng; but baa been perverted to less noble purposes; and, deprived of its stetple and gable roof, does not present the seemly appearance tbat 11 erst did After the chartering of Union College tbe academy building was oreacntcd to the trantee*. and previous to tho erection of the oommodlouB buildings on tbe old Kiskayuna tall'., when Schenectady sraa made a county tn ltK'8, tbe acade my was sold to tbe coaoty and converted toto a lai and ooort bouse. The grammar school was then transferred to the old Weat coUsgs. until it waa given up to judicial purposes in yiU But from a pleasing recurrence to the days when good old Schenectady was subject to tbe Br tilth erown, and was ruled over by shouts, acneppus and bur gomatters, I must bte a way to a more modern hour, and tell the story of Commencement woek. I shall proceed at ooce ? raunrmiiT w*kk or 1867?anstwharv nnitns. Tbe anniversary exercises for tbe current year have Jnat closed amid much paternal and filial rejol ting, and the Ftrc* to of thts ancient home of tbe Dutch bare for the past few days teemed wl b myriads or q><lte another rioe, who, descendants of tbe early classos of Union graduates, 00me back Id the sequestered and classic retroats of tbe college on commencement day, to renew old associaJons. and to dwell once more upon the quiet benrs parsed here In tho pursuit of tba. which Is regarded as power, but as evinced In the new Hedged graduate from any college, merely weakness?namely, ktowledge Tbe fists in holds, I be lleve, tbat each college has iu annual humbug day, upon which much Is said ltd done that might oe better unsaid and undone. 1 think this untrue of Union, for tbore was less twaddle this rear concerning dear elma mater and the eicluiIveoeas of human learning, as Illustrated la the unl versltlca, than on almost any previous occasion of thts na tun within my recoil,cl on It acorns to me that a quiet and subdued, yet an earnest and high toned culture obtains wltbtn tbe gray walls of this sea of learning a culture thai, while It Is emlrrt.tly tu'ermirg and refining. Is at lbs same time sternly practical, and It Is generally oonooded that wben Dr. Nott and bis coadjutors tn tbe 00 rse of inatru t'on here consent to sign a diploma, that as a oertill cat" It is of some positive value as a passport 11 to toe midst of tbe active and stccassful realities of life Tet tbe students here are by no means of that it deal and compla cent disposition that prevent* them from mingling tho utile ciw dulcs, through the medium of hilarious lostlvtty and unrestrained social lolitty Many a night, as one strolls sp that hrold and healthful a cnu? wntcn loads to and lakes Its name from the college?I'mm street?he may bear Jubilant voices vocsl with strains I'ke tbe following, wolcb, when ooplmislv fortified with the prevailing beverage, How moat tnelllfllu' usly for b, sometime* to the mmwiuun ana si uinrrt in iob uirguiii auu annoyance or the ttaid deniMoe oT thu comi'lHtd 10 ?u? IT'S A WAT WB HAVI AT OLD T'KIOH. Am?"To drive doll ciri away." We think It I* all dub', boye, On every Ratnrday night, boya, To yet moat adjective light, bore, To oriva dull care away. Cbvua?To drive dull rare awav, To drive dull cere away; For 'tie a tray we have at o.d I'olon, "TV a way we have at old Peine, 'Tie a way we bare at old Union, To drive dull care away. Wethlatr It la no Mb, boya, To lake the f>e*bmen la, boya, To eaao them nf their "tin," boyi, To drlre dull care away. Old I*wla la a bore, boya, And be work* ua pore, boye; Let t care for that on mora, boye, Bat drive dull care eway. A worae one la Ueodeey; A herd eld nut, aal o d I* be: From btm we turn to Aphrodite, To dlive dull rare away. Freehmen are toll of tolly, And Srnlore ere melarch ily, But Junior* and Soph* are jolly, And drive cull care away. Hall to the jolly claatee, O ?r whom on anrrow paaraa? Who alp purch at the rbadoa of reman* ut? To drive dull care away. Tohmrey, love and wine, boye, Are tblnea thai are mlyhl* One. boya. And with tbrm we tpeod our Ume, boya, To drive dull oare eway. nWUTTTEKIAXTM AGtlrrT rVIT* Bit IMe?t?WO VTdOIOOirtl IMAM The canal neerae that the lake wa? intermr* ed this year through the Preehyterlan nrrJodlues of Dr. Bacchus, oho elected to make bimeelf pnorp'eoo * by re fur lag the use of bis church In tho TbeologianI Society to hear an addreas from the Rer Or F D Huntington, the leaned and awful profeeror ef Theology at Harmed Ool lege, who, yon will recolleit, Is a thorough gMeg and rrsct'sally perrsient T'nttartaa This esbibl toe of Into ieranre on the p*rl of Dr. Ftnchns cannot be loo emphatl cai'i cor downed; beeauee of it tho jnnrf gentlemen were doubtless riej r'red of the gNm of littering to an elo rjnrnt and nnr igulrrd *Indication of gospel truths from the gifted orator of its choice On Monday errnlng Oeorge W Onrtis, an abollt'oa ora tor of the laic I'restdcrtls' rampelgn, delivered a power rot and telitrg oration upon the "Nature and ftospooelblU ly of Petri tlrm " Mmmo or Tin At t-wm?rmt me oaAnrirs tut.t_ ftn the aftariu on of Tneeday the long announcet meet trg of the Alumnt baring reference to the bnltdlng of n "Mradi.ste Hall," was held, when John Higeiow K , of New York, temporarll' took tbe chair, and calling tbe Urge tfsrtnnlsge to order, named K'ght Rer l)r I'M'er, Hbhop of the dingers of Prnnsylranla, as permanent Pre sident, who, npon assnming bl* othce, made some remarks folly endorrlng the pmpoeeo enterprise, and ctoeed with the espresslon of a hope that tbe efforts of the Alnmnl In this behalf might be crownr d with success. Additional sprerhes were made by lion Ale*ander W. Drsdfbrd.of your city; Judge Isttt, of I/mg Island, nnd the Rev Dr De Witt, of New York II was determined that tbe oorner stone of Omdnate Rail should he laid on the day preceding the nest annual remmt noemcnt, with appropriate and Inpostng literary In IcUootaailtM and festlrlUHt. OtATlosa Aim rnn?m. On Tuesday, at 4 o'clock P. M , Judge Clinton,of Buffalo, and Animn (i ( hMtAr an i\t Hl'rnrnni? rnauoclUal. dell ratud an oration aad poam tafore the Ne? York Al pha ef the Ptit Rata Kappa tVotatr Mr Cheater'* poem wae highly apokea of, and waa especially commended for Ha brertty. At balf part T P. M. of Tnaaday, the I Horary aorlrttoa wara addreaaed by Henry Ward Ilaaobar, npoa " Hnooa* la Ufa, ' after wMcb lohn I'lerrepnat delivered apoewoMUUed "Uaward," bote of whiob vara am warty aflbrte. nowon to ma wuwimMnaiM-aauuLaa siewa ? ltKLAMATKM A*I> PHIIIirMH To day (he exercwea of Commencement proper tru? ptred, la presence of an excessively crowded and brill mat auulrnc-, la tbe Find rr?bvU*rlaii cbtiroh. Toe louu, *?l ordered pructaalnu, marshalled by Captain Jackeon, ably a??l>lod by Mr. Nlobulaa Ca*ey and several other young gtntlemen, proceeded from Soutb College to the shuroh, wberr be aged ' Neofir of American learning"? the vene'sble Dr Nott?delivered an Impressive prayer; afw-r which the annual round of o?r tloos ww gone tbrough with. Twenty nine young g< nilrmm cute ruined lor ibe space or Ove bourn the crowded auditory, who, healed and wearlel, listened with omnnendable patience, and occasional!; rose Into the ea thirteen] or trmterau- applause. Among the leading orations of tho day, that upon "Oban let loo,' by Jerome B Parmenter, of Pitutovn N. V., was the oxwt leraely wilUon snd vigorously and ornately da ll?er*d speech of the coca* I on Ater a succinct and in terewttrg biographical account of the career and suicidal end of the > oulhful and talented Chstto'lon. be proceed** to Uthreale graphically and clearlv the unfortunatr treatment ke reotlved at the bancs of the Londoa publlo, and denounced In eloquent term* the posthumous honors that were paid to his memory. It was a powerful vindication of his theme, and was greeted at its cloae with raptemn applause The "Yrrnoh Oration" was delivered by Ixmls Ruttkay, a nephew of Louis Kossuth, tho Hungarian exile' The Decease or Wonder," by Jobn VY. Wllksnon, at Butfilo, was a creditable product! >u and was well received Mi Samuel S. Newbury, of Iowa, delivered the "Greek Salutatory " , 'The O d" was the subject of a classical and finely delivered oration bv Rooert 0 Perry , of New York olty. "Historic Truth," by Ho*aoe M Hastings, of Geneva, N. Y , was ooe of the oarne-t orations of the day, and. In the opinion cf your correspondent, should have commanded ooe of the R atchford medals There la, however, a* acrot nttng 'or Ustee. Among these who received the degree of A. a was Va Coleman, brother In law of Judge Toompson.of New York, at th? close of the sneaking tho AlumDi iolned In the ringing of tbe foil iwing " Song to Old Union," oompoeed by Fltzbugh I,ml low, F.-q., or tbe last class, the air Mag "Sparkling and Bright":? Let tbe Grooian dream of his sacred stream, And ring of tbe brave adorning That Pbo-bus weaves from bis laurel leaves, At tbe golden gates of morning; But the brock tbst bounds tbrougb Union's gro?ds Gleams bright as tbe Delphic water, And a prize as fair as s gud ma; wear la a dip from our Alma Mater. ciioatm Then here's to tbee, tbe brave and free, Old Union smiling o'er us, And for many a day, as thy walls grew grmf, May they ring with thy jbildren's chorea. Could onr praise* throrg on tbe waves of song, I.Ike an Orient fleet gem bringing, We would bear to tbee the argosy, And crown ibne with pearls of singing. But thy smile beams down beneath a crown Whose glory asks no other: We gather it not from tbe green sea grot? 'lis the love we bear our mother Chorus?Then here's to then, Ms. Let the joy that falls from thy dear old watts Unchanged brave Time's on-darting. At d our only tear tall* once a year On hands that clasp ere parting; And wun other throng* shall sing thy songs, ADd their spells once more hath hound ns, Our faded hours shall revise their flowers, And the past shall live around us. Chorus?Then here's to thee, Ms. This was followed by the conferring of the degrees, IMe graduating class ascending the stage to the number or between seventy and elgbiy. and receiving from Prestdeal Nott, autre d In bis scholastic robes, tbe honors of tbe Beecaiaurcate in the following larg iage, (which Is Latin:?) Pro auctorhatem mifai corainissa admitto voe, j urease, ad nrimum gradum Id artibua men waving ice presidential cocxed Bat, no adds, hf way of advice, a* follow*;? iVraever^dtla vtnctt omnia, nee bod et Inglorlam docti tbo clarc then retiring, tbe honorary degree* are oooferreo; but owing to an arrangement mate aoine gear* inoe I understand tbat none were conferred tt In gear. Tbus has come and gore the sixty-second annual oomtaetiOement of tbts venerable college I will only add tbat ibe Blatchford modal* were awarded as foliowi Tbe tlrst, of forty dollars, was bestowed npoa L. 0. Seelye Tbo second, oftblrtj dollars, was adjudged to Henry R Itatbbone rbe crowds are (bat leaving the city, and U already begins to wear Its wonted aspect, and will so oontlaiis far another year Among the distinguished sentient si prssei t, I noticed Hi Rev Dr. Cotter, BUhjp of Pennsylvania Hon R M. Blatchford, Rev.John Pierreponl. Judge .luhasan. Rev. Dr. Van Vetcben, Rev. Dr. Halley, of Albany; Jadan Paige, of lbs Court of Appeals; ex Chancellor Walworth, ex Judge Campbell ami Prifeasor Joy, tbo aawly sIMm chemist < f Columbia College Tbe reeling waa very prevalent among the Alumal tbat Dr N'ntt had presided over and d'apenaed tbe graolew hours of oommenenmeot for the last time. May his haasrad lire yst have length of days. Thratrlral and Mualml Affair*. Ninth's Gakkbm ?Tbe brilliant assemblages which nigbtl) throng th<* elegant place of summer reeort prove thai comparatively lew of our fashionables have es yet vacated the city, notwithstanding the attractloaa of watering places, rural retreats, rambles la the mountains, and European travel To night we may expect another targe audience to applaud the dancing of Blgnortna Koda and lis acting of the vandcviUle company, Bowvuv Tiisima ?The new management are earueetly engaged in the effort to re ee abbsh the fame of tMs bouse ee one of the chief theatres in America and thai tbe> will succeed In tbr undertaking Is the earnest wish and belief or all aoquainled with Mr Eddy and bts lad*, fatlgahle assistant* Tbe bill tor tbls evening consists af tbr thrilling dramas of "Ifonte Crt?to" and "I.uorelia Bangle," to hioh Messrs. Kddy and Johnston play ths rsa prct've heroes. Bravo* 'k ?Amusement seekers are beglaning to dmy apprecta'e the pleasure to be derived from ties promenade concert* recently Inaugurated at this bouse, and ere long tt is probable they wlB rank among the tnoel popular of sum mar if nuiiis The chorus and orchestral departments SM ecute a great variety of tbe choicest musical oomp tlieaa. the bouse is admtrabb ventilated, and the prions are sash as everybody can afford. WsiLsm's.?Tbe oomedlet'a entitled "De<teale Orowsd" Is to be tbr drat piece tbls evening Mr. Waloot plays Ms original character of Ckisea Sangfroid, and will be ship seootiloo by Mr. A. H Ita-enport end Mies Mliwn Mm Jobn Wood, tbe deeblng aomedleone. w II arterwardalsp pear as the her -Ire la tne hurletta of ".lennr IJnd," and as Karnv UrtbbUa In tho farce called "Aa OhjeM of 1* irrest " A* three are two of Mrs Wood's beet parte, there will probebly be e rush for seats, sod It would he well to go early. Or ymi-ic ?No sooner has the manager of this snog St tlc Ibralre fairly entalillsbed I* reputation as a plana wherein merriment abounds to ex ees than be announce* his Intend >n of clnslag It for three weeks, meek to tbe regret of be multiti des *bo have frequented it dortt g tbe month tfcet It ba been to existence Tbts Is tbe lost right but one of the pr-eott ?.-*->u rbe eater tsinmertr will cow prise "Pefocuou," "Olympians," and tbr "|r>*b B'oom Maker." Anisic an Mrnri ? Large Lumbers of people oonttaee to throng this Immense ratal l!*bni?nl by day and ntght, Aw the dc ble purpose of iDspectln* the myriads'f cunostUsa end rnjeyiog he marvellous performs! res of the ryaossed tei iou ao rr eod veairt oqiisl, Prof. Wymau. whaea feah are truly asioalehing ( ao Vutsnrr ash Wood** Mivwtswts are not only a< jaaa Imi anio? mi en of tbetr life urn a id bumor ln-o Un Ir pa trore, won, tbey ?natrler to > e. |. r< nml.ed ?llh laughter Tbrir farce of " The Magtotaa " la ftaay to the groat jet <? irtw Ua tad ate ? W> night Tim BarArm hare a muWplleliy of whimtlcillUet on their net for thin evening, Including * pemkar ?ot g, i ditt ed " My lore, H? la a %iiur Boy," which baa becme an Immrnre favorite rlnce 'ta Introduction by Mm. Wood, In ' Ilia wa. ha " Pan la to d.nce the timpevtae fwtrl," and ibe ' t.raped Chinaman " U the aflorptooa Tile Mnnainant at Ninny Point. OBfBCTIONH TO Tlia UNI OP THI M<<MIROMIN<J illWITH A8 A MATERIA!. FOR THE MOHTTffllNT. IIatimtraw, July IT, 1ut. J* mm Gorton Bhmrwtt, Fro ? Allow me, through the onlnmna af yonr widely read journal, to ootect an errooeoua Impreaeioo oon TryeJ In an article In the Hkraij> of to day (italorday), alluding to the tftnoy I'.itm monument II ta ibernta itaied that It hae been " a matter of nome dlecnaalnn whether the maw rial tbould be of marble or of Htony I'mnt gran lie," adding, that ? aa the good deeda of men are tbetr hem mnntimenta. ao It will be more appropriate that the mam rial for a monument lo an<1 bla nompatrota rtwM be taken from the a pot which they, by their timely brarv ry, rentored to their Buffering country." While Ita appro prlateneer li oonetded, none regret more than the people of P.ockland oonnty that the Point granite, In tba opinion of yorx and competent alone cuttera, la totally unfll far monumental tmrpoena. from Ita peculiar eompoeitlon, be leg at 11 Tree of extreme hare n nee, and conecqneaUr did run to work, nod again crumbling and brittle, and more than all la It obj.etlonable from Ita peculiar oulnr, It being ro Mack an lo reaembla at a abort dlaianoe blouka of ooaJ rather than granite, of which name II la hardly worthy No monumental abaft can, by any pnaatblllty, be ooe trurted of thla material, and If thta idea la oerrled net. our Htony Tumi nionument muat oeeda bo a black, ?bape eaa maae, one ragged atone upon another, wllh wbwa rrroked lltea of mortar marring what little hnnnty I' naay poeeena. The taelea of Ihoae who admire a country aloe* lenre on a large eoale can then be a rati tied. Tbote wne are familiar with the country about tuoey Point " I l? almuet anrrnunded by the Imnderburg range or tnontaine, which are cottpcecd of the name dark mamriai ilia evident, therefore, that an obeltek of U>W dark atoee annot he aeen to ndraniage mor*lbM We?teheeter e*in?cia lo r??tr1b^te l"?^f'l tt, ttahonM. Iherrforo, he of a material that Wbetcheet-r oan the eyee of tbourandn wh > trarel ?y may be nt.rnc.tnd towardI ??d reme^eZd our f lor tow* old wni o* ? A|art from a few officer. of the r VUiLe, hat would he moat appropriate. Wert. fcgntor oKnahiig m?th|# III I ho oholoo of lllft ponjMG OI HOBUN !in ^at dealre to go Into m rummy for the rcneraled Je.d bother? that their deed, of rater hare upon them a rich legacy of pmapertty whM -n enable thrtn lo rear a oolamn eommenaurale with 1. r deed. The whole Point lieelf la at onee their grave and their proudeat monument, yet an It la flttlna and proper that man roiwm Id ihrrr he rrrrtrd to the memory of three gahtnt men, uiion the Bold of their lame Mid Uio acme of their triumph*, "a atortrd urn" and tower Inf oohiwn .hearing the pr.i(tte of our Immortal hero, "Mad Anthony Wayne, ' ef a maw rial aa pure an their motive*. aa ipotlran at their fame, an enduring an their (lory. "A thing of beauty la Joy rarer*" h U M *