Newspaper of The New York Herald, February 24, 1858, Page 2

Newspaper of The New York Herald dated February 24, 1858 Page 2
Text content (automatically generated)

2 Smith w%- made ?omf tme ui 18f6, Mr Smith ipp?u?l to be Uie COLtiJooua! cierk ol the office, more so than anybody else. Mr Smtth appearo ' to bare the must charge I ?< the aflairs of tbo Street Commissioner's office Q. So far as you know, was it not a matter of general report that Mr Smith was the man n?igiug man or clerk in Uiat officer (Objected to ou the ground that it hade otb.ng to do with the case ] Counsel for the Defendants said he proposed to show aal the situation which Mr. South tilled in the Oomp*>Uer'a office wan such a* would be likely p> draw U[?oa mi uw ony me jealousy dui uu? niaca.nations 01 in? ttier clerks, ami that they had got up this couspiracv paitist his client Tte Recorder overruled the objection Witness?So tar the Street Commissioner's office is _ xicerned, he was Nathaniel G. Bradford sworn and examined by ooun wel tor the prosecution, testitlei substantially thus ? Q What ts your business' A 1 wa- cashier of the Itowery Bank; 1 was so in March, 1867, 1 had no charge | of contract* between Mr Fitzpalrick aul the Corpo j ration. Q Who had, then" A If the assignment* came there the) were in the possession o( the ('resident. 1 had no knowledge of theui more than the l'resideut would say there w au assignment from so and so; 1 kept no record of them, if any was kept it was kept ha the President. \ Hadjou any knowledge 4t tfte assignment of the contract by Kitzjiatnck for tM paving of Forty ninth street, from the Sixth to the Oga'd arenuev A. I heard the lTesMtni mention the ass'.gnadk of some contract, and when they were received by the bank they were j generally received a* collateral tor notes that he would < get discounted; I have no recollection of the President's 1 qs-akmg to me abouth the Forty ninth street contract. 0 Are you acquainted with Mr. Fitzpatnck's handwriting A 1 am not very well acquainted with it, but I have seen it on checks; he kept au account In the Bjwery bank, and so did Charlea Itovlin and James B. Smith. W Can you stale whether Mr. Smith procure! any note ? Mr. Kllzpaliick's la be discounted at tbai time? Counsel for | defence?I object to tire question as 1 foreign to this inquiry. Counsel for prtwecution?I want to show the excessive Intimacy botweeu Mr. Kitzpatnck and Mr. Smith Counsel tor defence? For the purpose of savirg time I will withdraw the objection, but I object to the asking of such questions lu the future The Court admitted the question for the present Q Was there any |>aper of Mr Smith's, or Mr Devlin's, or Mr Ktlzpatriek's maturing ui your bank along in No vetnber or l>ecember, ls#7? Cctinsel tor oeienre?That I object to, so far as Mr. Dev tin is concerned. Is he to be a party to this examination ? Recorder?That is just what 1 was going to suggest. Counsellor dtteuce?We ate entitled to know if Mr. Devlin is made a party to this proceeding. Counsel for prosecution?We are now making the inquiry and if the testimony shows that he bad anything to do with the fraud we shall call'upon your honor to hold litm to bail, he got the proceeds of thus .fraud. Counsellor delence?We dou't stand any worse than the gentleman who used to ludict all New York, and who got a mu:b larger sum than these parties 11 .tughter.) Counsel for J'rosecution?Let them indict him if he has pot it by means ol fraud. (Renewed laughter.) If the proceeds ot this fraud went into the hands of Mr. Devlin, at have a right to show it, and also in reference to Mr. Bran'gan, they were all intimately connected with each othi r, and kept their accounts in the Bowery Rank. Does t the gentleman appear as counsel for Mr Devlin* Counsel lor Ik-fence?I do. Ctuneel for lq-osecution?Then, if Mr. I>evlm thought ! itiiivessary to have counsel to represent huu, it shows ! that there must be guilt somewhere Counsel for Delence said that, in the commencement, ' lie desired counsel on the other side to conform strictly to the statute He (the speaker) foresaw- that they | wanted to implicate Mr. Devlin rather than the ; defendant*. The examination was not being j conducted in an ingenuous manner. He had deeded thai Mr Flagg l>e placed on the stand in the j commencement of the examination in order thai he could enow by Mr. Flagg himself, that the accusation was not ' aimed at the deteudaui, but at Mr Dsvlm. If they alleged Mr. l>evlin to be a party to this proceeding and to have be>-u a participant 111 ihu crime, they should frankly avow it The lleoorder?At this stage of the proceedings ounsol for the prosei ut;on has the privilege of asking the questuntor the purpose of criminating Mr. Devlin, and pre vents him (Itevltu) from being a witness. I understand h< has been subpu-naed by the prosecution foi this purine. Counsel for the [lefence affirmed that this proceeding was got up for the purpose of involving Mr Devlin from the lira! in this alleged crime, whether guilty or not, and W' Devlin was advised by counsel as to the object of the firo-ccubon soon after receiving the summons The Recorder observed that be saw no impropriety in counael for the prosecuticn stating the course he intended 1 to pursue Counsel for the Prosecution emphatically lec.ed that the examination was gotten up for the purpose of involving Mi Im>\ lin, hut on the contrary, in pursuance of an athdavitof the Comptroller, charging a man in whom he pUced implicit contldeace, with defrauding the treasury of I 0,00<> It was Instituted for lHe purpose of arriving at the truth This yjung man did not want this bp ney for b msei! biM tf It turns out that Mr I?evl o decoyed this (lerson into tfie taking of money trom the city treasury to auswei Lis (iHivtin's) purposes, he (iHsvliu) must bear the consequence The speaker did not know how this cane would term'uate, nor exactly what connection Mr. ltovlin had with the matter Counsel fi r Iw-fence again asked coumol on the other aide as to whether they intended to bold up Devlin to a IMMtieipaUou in this alleged fraudCounael for the I'roeecution replied by saying that he bad stated several t.me? he did not know what connection Mi Devlin had with the matter. Counsel for Iiefence said that a certain class of persons, friends of Mr. Oonover, the rival street C >mmtssioaer, were anxious to add fuel to the tUtuc that they suppose is aiieady burning about the ears of Mr. Dsvlin and his ft teuds It was for bis Honor to say whether tf as be was conducting this proceeding unassisted by counsel, hit aei.se of propriety would allow lbs counsel for the people to proceed in the manner in which he has done from the commencement of the examination. Reorder?1 overrule the objection on this ground thst tbe prosecution may be able to show by itie testimony of Ibr witness some other person or persons may be guilty of (be conspiracy charge! against the defendant. Wilo<*?Mr Fiupatrtck haul one note lor JJJKX). that star with some assignment or collateral. 1 don't know what assignment that paper. I should think, came due tu Not ember, but l|am not certain 11 1 bail been told what question* would have been asked I could examine the ledger. ts un.-el for l"roeecutioB propoeed to have the w.tues* examine Ute ledger ao as to Ox tbe exact date. Counsel fur defeme could see no objection, ant Mr. Bradford a examwatiLn waa then suspended to a sitae quei.t time for tbe purpose ot eliciting tbe facts derived rviDKMI <>? JrtllM t. twooa John T. I*oCge was then called. and alter affirm,ng de pcsed aa follows ? U Art youtneof the city surveyor* t A. I am, sir; Uie return of quauttit* in Una assessment roll wu made up b) tne, but tbe apisirtioiiment of it I-made up In tbe Bureau <rf Aaai sstnciit*, all except the dollars and cents me made up m my oUtm tbe ertiii ate of quantity at the bottom i- in n ; oe i handwriting It was ma le up on tbe 14 b of May. l^ST. 1 think I sent it td Joseph S. Tiylor.tha late street Commissioner; I don't know that 1 was request ed to make it up, for it was my duty to do so, tbe other |?prrs altar'bad to the assessment roll are put on after wards. Cross examined?I can't tell bow long I have known Mr Smith. I hare transacted traaineai with h.m, but none exrejH receiving payment for ser ym ?* rendered as surveyor on tru-t acrounta, or on tbe other tian l a: wermg questions about returns made on trust accounts. I have been a City Surveyor almut Ave year#,I ? aiorroer rureeti >ainiu?ioner nemre ?tr.^mun | came mtu the Comptroller'* oOue, I think I ?u i* J tor urveying by the I*puty mreetComunvloner. I don tknow (4 ? but authority Mr fmitb called or. rue to a?k <|ue.ti?n* boot return# but I ncollect on one nocaaion lie aaid the j Comptroller wanted to k?->w w hether a cert-tin it*m of r>-t> not returned bjr me had been excavated. that tu about three n> I.the ngn, the contract under which the inquiry wa- made wae the regelating of Kightleti, afreet, from the Fifth avenue to the t.aet river, the coo tractor wae ,'ohc vaitrry , on the name day a certificate ?u aiveu to me by Mr. Kilt# for regulating Fifty aeveoth #tre< t, aud acme quaatioa aaked of rue a# to it- accuracy in r?g ird bi (piantMiw tha- wu made on account of (tome ooiyla ul that tne Corn; trailer thought the quaatitiea too huge. I remember no other tnetame# I uaed tu be in the QnmptrollerV odee about owe in three week#; I don I know what cierk?b| he tilled, but I wa* under the lui preeeioo that ht had rbarge 01 the truit account, my bua nesn with turn wa# otny in re atmn to the trod ?c count#, but 1 don't kui.e whether he had any other dune# tu perlorm Horatio V I'aeker teatifled a# follow* ?I am one of the tneweuger* attached to the 0?un'? touncil wa? so in j October. IM17 carried awewment roll# from Mr Valen tine to Ui? Cm.ptroller 'a and rdreet Genu.n*...tier lie partmeni*. frotn Ortohar 30,1V>7.1 delivered tbo-e that I carried to Mr ftunlh or Mr. tady, In the Comptroller-# of m ? I can't aay that 1 carried thn one now ahown me. for I ?etdo<n look at them, I generally delivered them to Mr PtniUl or Mr C*dy. The coaeaei on both aide* expreweed a deaire to adjourn the further hear ng of the raw at tlii# Itmetnre to Which the liecurder ae-coted. Matin* that be > hM not nit >?*am till ten, at a o clock . Ui wbicb time tb<- investi*%Lon adjourned HOW THE TAXPAYERS ARE FLEECED. Tut STAKDtNO COMMITTEE Off r AAI D* -the third trmri CASE home INTO- IMPORT art ALTERATION TM THE rififMB- OE THE ARRESWUKNT LIST MR. CITY IKVBTOR Bo VLB OH THE STAND. The Aldermen'a OutnmiUee on Fntoda met yesterday r. 1 took up the f ifty accood Atreet > me, for the pur|>os? of M>certa.n n* whether the cer tided topy of Uie mm>v mint roll 1b Mr .Smith r powession win true ooe, made iron the etolen aescsam. nt lint Joka T Di>D?a tworn And examined?Mr podtre pro dii red the memorandums of the calculations he made of the surrey of the work My calculation* Are dated July 30, 1m7, they do not eeem to tAlly with the '|uant*tie? re turned in U? AA*e?ment IiaI. Botne alterations rruy hare been made-, i cannot a wear poiitirely that thit la a copy Mr Hmith'a copy) of my return after I made these cat culat on a ooth nr. 1 aupp<iee. but an additional visit to the wort and the discovery of some error would induce me to mate ac alterable in the quantities. Q Was any such tmtt made, wMh tin* result* A. I don't rememlier Uiat there wae. a? to the return I Ismled m, I certified n, and will testify that it u correct, hull etsi. * anw mEefI.ma ftttiu in eiad.i #> a,.i <y. Him e yon any meanr ? Hading out' A None r*rept fc) referring to U>e return itaelf V Who did you reap) your return to- A I dn not recol l<- i, I ?my hare nent tt t<> Mr Turner t/l>o yoi eter fire it to the lontra' to.- A W-ll, tf ? ro Kuruit out me if the return war ready, I might have e? i it t< the MU net Oommimtoner by him H (>i.1 you nerd thin return by the i hotr? tor' A I may Ium u?ed Mr tarty, ae a MMitifer. but I r< ally din t fe?t emter ft ? Oie<u-?ji r tamlned?I ana tbi* rifiy of tbe aaeea* fbtui MM a lu VrbvVtTT office More, I ua.i t | v? tu KETV date, but it ww atx>ut the time I made my report to the O'Uimou Council; I inspected it then enough to ace thai when comi?ared with my report it was correct; I look my report from the original assessment roll; they say that roll tiaa been sloltu atnce, thi* certificate 01 Mr Turner's ta a correct tranacript of it, if it correap >ndg with the report I sent to the Common Council; that is all 1 can say about it; there was no appearance of any erasure oi the figure 1 ht'tor.' Mi in t.lu? wiiuw nf oaltit.? o?el. original list; I can HWear that this (Mr bmith's copy) U a correct copy of the assessment roll. Mr. W. V. Leggett, also testified tbat thin was a correct copv of the original assesshient lit-t, ami that the signature!! of the assessors McNeil, Oakly and Doolr, at the bottom of ii were genuine to the beet of his knowle lge The Ttird avenue c?se was then taken up. Epwari> Bona, City Surveyor, sworn ami examinetl ? Aldeiman Adams?Mr. Boyle, can you give us any informal.on about the alteration of the figures in your return of this case on Third avenue, betweeu Sixty-first and Eighty sixth streets* Mr. Bon.r?Before stating anything about that, I wish to remaik lhat some parties who tcstilied here made serious aul wholesale charges against the Board of City Surveyors, and aa 1 am one of ttiat Board, I think it right for my own sake, and that of my assoiiates, to answer these charges; It was stated in substance that we were not worthy of belief under oath; if tbat is the opinion of the committee, 1 don't eeS the use of swearing me. Alderman u* kns?oh, Mr. Boyle, the committee entertain no such charges Mr Hoylk.?A gentleman stated here that the ins|>eo tor's office waa a useful one; but tbat the surveyors could charge aa much as they pleased; that gentleman, if he knew anything of his duties as chairman of the Committee of Assessments, must have known that the fees of the city surveyors are fixed by ordinance of the Commoa Coiinr*; now, to show you how this matter stands, I will Slate that I was appointed as surveyor to take charge of the regulating, setting curb and gutter and paring Thirty sixth street, between Lexington and Third avenues, in June, 1853; the work was Quisbed in February, 1854, and my fees were Ml 22, while the inspector received $180 tor his services. Ald<-rmau Owk.n's?Well, we are not making any charge sagamst the surveyors Mr Boyi.k? But you allowed Mr. Moneghan to go outaide the case to make these charge) against the surveyors, and thf*V vcrp inailit FmihliA thrmmh ()ia notvunanuru urrain ho said their office was worth the President's salary; whereas the whole amount p?id to surveyors tor a year, by both the Street Department and the Croton Aqueduct Board, collectively was only $16,COO; if you divide that among twenty Ave or thirty surveyors, and give each of them $26,000 a piece, it is more than I could accomplish. Alderman Adams?We have nothing to do with that subject now. We want information relative to yoursur vey of this work on Third avenue. Mr. Botlk?I was appointed surveyor for regulating, setting curb and gutter and flagging Third avenue, be tween Sixty tirst ano Eighty sixth streets, on the 3d De cember, 1865. on the 7th of that month the specifications were issued from the Street Iiepariment (significations produced); ou the 17th the contract was awarded to Bernard Callagban, 3iW Eighth street; G. N. Delahunt was the inspector; the contractor failed to do the work, and it was allowed to lie over till October, 1856; In the -p< ciflcations there was a clause written by me, and I took the responsibility of it, that the price tor setting curb and gutter was to include such excavation as may he necessary to set the curb and gutter aud the backing of the same when set, and the price for flag ging must include tlie regulation of the sidewalks to receive the same, ana the furnishing all the necessary gravel; the roek I return is uol contemplated in the specification, because 1 thought there was no rock there. (Mr Boyle here exhibited the protiles ) In the time which elapeed from Ifcember,'66 to October, '56, there was necessarily a quantity of earth washed down on tbe work at Ham ilten square ; this of course was unforeseen at the time of making the survey, but had the tirst contractor done his work at once there would have been no extra allowance whatsoever necessary, except for tbe excavating the rock, which was a very small thing Mr. Taylor told me at the time he gave the contract to Charles Itevllu, that he would hold the sureties of Mr. Callaghan accounUble for the extra allowance consequent ou tbe falling in of the embankment. Alderman Owns?Have you a copy of your return * A. I have ; but as i understand that this case is to come up before the Supreme Court on a writ of certiorar, and a* I will probably be called on to testify in that 'case. I respectfully submit to you that_;t may be injurious to ex amine me further on it at the present lime y IX) you know that you will be called as a witness in that case" A 1 am luforined so. a; Jemiati Owk.nm?How many yards of earth excavated did you rvturn? A. Well, thai is opening up the same qmrna Alderman Adams?Our power is as high as any court. We expect to get acme informal .on from you, therefore you will please answer the question. I hope you will throw no impedimenta in our way. Mr. Boylk? 1 do not dee re to do so. I answer you; I do not w ish to avoid the issue. Alderman Adams?I hope "no technicalities of law will be thrown in our way Iaw is cheap these days, isn't it, Mr. Conover If you have your returns 1 hope'you will let us see them A 1 have not get them here, because I can tell what they were by lookmg at the assessment list, and I did not know there would be any objection to letting me gee it what is the objection to showing it me1 Alderman Adams? Well, we want to compare it for ourselves We thought you would come hero prepared to give ue all information on this subject Mr Bona?I only received your subpoena half an hour ago. y How is that4 We lubptrnaed you several days ago. A I ouly got the subpo-na to day. Alderman Adah.-?r*ergeaut at Arm*, when did you serve the subj <rna oo Mr Boyle* The sxikibajkt at Ak*s said that he called at Mr Boyle's office yesterday, but did not see bim nor did not leave the tubpo-na. He'did not see Mr Boyle uor notify him until to day. Mr" Bomb?Now you see there is no de-ire on my part to wi bhold any infortunium I can give on the subject It. r. Conovk* examined?The speeds alums from which Mr. Hoyle read are signed by Mr Kurey; those upon ; which 1 based the communication which I sent to the Common Council on the ?*>tb of January are signed by Mr. Tailor. ("u comparison their general features were I found to be the same.) When my communication to the Common Cbuncil was published,or a day or two after, Mr Bo> le informed a geutieman in my office that the figures in my report were not the -gme ? those returned by him, the difference was as follows ? <>u the assessment list they appear ? I.**-"'1, cubicjyards of earth excavation iftTW u rork do I r.,M? " ?' earth filling Id Mr Boyle's return the figures were ? cubic yards of earth excavation. 6T>? " rock do. f 09 ? " earth filling You can gee the alteration a the figure* plainly enough ( yourselves. for Mr Boyle wa* mo*t |iarticular to draw line parallel lines id red ink over his figure*, and you can j see that the re<l line* are clutntlly ptoduced to cover the added figure*. [The li?t was here shown, and the alterstion in the flgu!o* wan quite niaiiife-t to the most ordinary observer.) g Hare you any Idea, Mr Oonorer, when this altera tion was made' A. Not at all, tin e figures, with the prs e of 45 cents for rock excavation, make an increase on the wiuuenh of 93,300. Mr Botlk reels mined?(Alderman Adam* hand* the a*ae*ameot list to witni'se)?Do you recognise the*# figure a* your* A This 4 in the first item doe* net look lUe mine Alderman Owws*?Junt state what figure- are yosir*. A. Ttie 2851, in the first ites, the 57>? in the second, and the y 0 in the ln-t look like mine Q BM n"t the 4 ,n the flr-t item, nor the 3 in the other two" A These were not made io my office g then the alteration* were made after the iMt left your hand*' A Ye*. Aldi 'man AdaW?That i? enough, that's what we want, g Who was your return gtren to" A f>ur return* were usually given to Mr Taylor, nut in this case 1 don't re m< mber 10 whom it wa* gli en Alderman Ai'AM"?You wish, Mr. Conover, to ?tate who the gentleman wa* whom you informed of those alb rations Who wa* it. Mr Oowmf Mr t'onosm? Mi Kingaland. a clerk in the Comptroller ? dr|?rtment, who occupies a desk m my office. Alderman Adams requested Mr. Beyle to send the com mittes ?* ootrt u tee alnf a copy of hie nakmla tion* tor, the nrit meeting, to which Mr. Boyle readily a?sentel. Mr Jo* P. Piwpxojr, a property owner on Third avenue, ,-ta ed that four lot* on the uorth comer of Third avenue and Seventy eighth street were aa*?-a*ed 91M fM; that four lots on the >.outhe?*t corner of Seventy ninth street were awowsed $213 HA for the name work, another cor tier 9)l?4 26. while those on lite northwest rorner of Sixti first street and Thirl avenue. btx own lot*. were only assessed 907 1", juet half the price of the other*. He had no doubt hie own aaso-sinent wa? rorrert but the other* were <h*rfe?1 double, a fart which be could not well understand. Mr McNeil, the anxeraor, wax sent for but on being sworn he declared that for tbe life of hltn he oould not tell who made cut the assessment, or Dcootnt for the discrepancy without seeing the as-ewment list but a* Mr Oonover ha?i pone home and loekrd up the list, tbe committee ad lourncd to Thursday next, at 2 o'clock. thk expense of opening a street on pahi SOMkTniKO ron TBK TAXPAYBR!" TO BXtMIKB. There t* now on flle in the Street Commissioner's office a bill for the prelurinarr examination of Ninety -eixth street, p?e| aratory to the opening of the same from the Bloommgdale road to tbe Hudson rtrer, two and a half blocks, fr< m Which the following items snd charge* are oopied ? H|ien*e? in Corporation Counsel's office Advertising 600 Iridium 60 Pctlng 199 t arrtage hire, he 14 Itootn rent 240 t'ommfasletieri' fee* 792 Cleric hire 320 ffnrvryor fees 300 stationery 63 Total 92,492 hl'i'rkke c ourt special term. CKRTIOHARI. Int. 23 ?In the mailer of lh, far Flagging. 4t , fart of Third j4>vfiiie ? Rckhrvmt, J ?Tlie proceeding* In (his rase, without distinctly aeerring it, Imply a r barge of eon-piracy, on the p?rt of a late Street Commix loner and one of the ttroei contractor*. to defraud the city treasury to the extent of between #4 <*? an I 95,000, In violation of law tin the tRlhof November, 1(54, the mm' 11 u iirii r*p*e<i in oMiDinrc dirortinf thr ildo?ilk? of tbr TblrlltrtuM'.brtWfon i?i*ty tint indlCtKhtjnth mrrpt!, to t>? tliKftxl, ?nd curb *nd potter rtoorm t?> ho fti, ai,.1 r< not whoro nto ?nry, under ihe dtrerttona <>f the Street t'oniniirilotier. For mm? '<1 r.o net ton wk? taken mi thw ordm*n< ewtnr nearly t Mr On Ui?t 17th Of September, ISM, Mr Tneeph 9. Ttjlnr Htreet OommiiPiooer, ndTertlaed^Tor amied projio fit* tn >ln ih# work. (rlvln* minute poriBraiton of whut rr^i ,r*l, Ml ippi-MlOC " p*rw? ll?* "?WM r YORK HERALD, WEDN compliance" would be insisted on "to the terr letter," and that no allowenoe would be made for any "work or material* not specified and the price fixed In the contract '' TVn Hirfl. I hp nurinri nenn^riha^ in tKa nn*i/?? Knwin* elapsed, and the bids being opened. It appeared that Chaa. evlin was the lowest bidder, and the contract was accordingly awarded to and subsequently signed bv him. About three months after its date Devlin, having finished the job, procured from the Street Commissioner a certificate "that the contract had been awarded to him at the prices annexed, and that the work had been returned by the inspector as properly done and completed;" and that "the prices upon which the work was awarded" were "for rock excavation, per cubic yard, 92 60; earth, 45 cents; earth tilling, 48 do.; setting curb and gutter stones, per li.eal foot, 42 ao.; resetting curb and gutter, 4 do.; (tagging, per square foot, 11 X do." This certificate was signed "Joseph S. Taylor, Street Commissioner, per G. T. Rogers," and was obviously untrue in several very lm I* rtant partic'liars. The contract as executed, a copy of which is before me, instead of allowing expressly disallowed the three first charges. And In the advertisement for prqiosals it was also particularly stated that the price for setting the stone and flagging was to include the neces tary "excavations" and the necessary "regulation of the sidewalks," and that there were, in effect, to bn no extras under any pretence whatever. Rely ing on the certificate, however?and, it is presumed, without examining the ordinance, the advertisement, or the contract?the three assessors, taking Mr. Edward Boyle's survey of the number of cubic yards of alleged excavating and filling, inserted In the assessment list not only the lawful items fer curb, gutter and flagging, amounting to about 911,000, but also nearly forty per cent in addition for filling und excavation. The law requires?and we are to piesume. in the absence of any allegation to the contrary, that the public officers in that resp-ct did their duty?that wheu the assessment list is made out notice shall be given in the newspapers to all perrons interested to present their objections. Noue, it seems, were presented, and accordingly on the 24th of Kebrf9ry, 1857, the assessment so made, including the unlawful items, was confirmed by the Common Council and became a lien on the real estate of the adjacent proprie'.ors; the Common Council at the same time appointing Mr. Joseph R. Taylor collector. Matters, so tar as I can ascertain from the papers before me, remained in this position until the 28th of September following, when, after a delay of more than seven months, and after the whole amount bad been drawn from the city treasury, some of the owners, not however a majority either m number or interest, sued out a writ of certiorari to bring up the proceedings for review by the Supreme Court, in order that the same might be deulared null anil void and the whole assessment quashed. And llie question now is. can a motion to that t fleet at the present time and l>y the present parties alone and in the present form be granted. The first difficulty relates to parties. The assessment list annexed to the return shows, as airealy stated, that a great number of proprietors are omitted, and the wr.t itself, while naming a portion of the complainants, do scribes others only as "the children of I'eter A. Schermerhorn and John A Schernierhorn," with no otbemase or designation. Although defendants may in some instances be sued by description, plaintiffs, it may fairly be presumed, need no such indulgence, and should therefore be allowed nr such latitude. Every person prosecuting, it niav be assumed, has a name and knows what it is. either actually or by guardian. Judge Mather, of the city of Albany, (23 Wendell, 277,) held that the certiorari should name the party aggrieved as well as the cause of complaint. As to the omitted proprietors, the confirmation by the Common Council of the assessment as made is in the nature of a judgment, or rather in the nature of several judgments linked together. In such case one of two defetu'ants, it has been held, cannot ,-ue out a certiorari unless he accounts for the non joinder of the other, or takes measures to comi?el him to join or be precluded. (11 Wendell, 174; 7 Cowan, 482 ) To a professional mind the reason is obvious. With any other rule the greatest confusion must tollow. Again, a- matter of strict law (and this is a common law auo not an equity proceeding), must not the parties to entitle them to appeal by certiorai i to a higher court Urst present their objections to the tower tribunal ' (1 Hill, 196 and 674.) Can they lie by until a confirmation has taken place, and the money been paid, and thus in effect, if the assessment should be declared void, saddle the expense of a local improvement upon the genera! tax payer * in the case o! Ktmendoi tagainst the city (25 Wendell, Ml) it was said a certiorari would not be granted after great delay and heavy expenditures incurred. and in 2 Hill, 9 and 14, where it will produce a public incoovouience, or where the case is one of questionable relief m this mode. And is not the rebel asked by these complainants or relators at least questionable)' Can a judgment pronouncing the assessment Illegal and fraudulent, as to the contractor who has p-ofltted by It, be fairly rendered by the Court without first giving the contractor an opportunity to be heard f The contractor in this instance, it may be said, has been notified of the charge, and has omitted to explain. The proceeding, however, wa? informal, ht strictness.not being a party to the writ, be was not bound to regard tb? bearing upon it. He might not be benefitted, and he coulil not be Ik und. He had a right, as he has done, tofol 1 his arms, and wait for a summons in a regular action against him A l ilt in equity to declare void a judgment?the confirms tiou was a 'fuau judgment-obtained by ft Ml and to compel a refunding of the fruits of the wrong, is an ordi nary remedy. In a case like the present, if the relators' allegations be well founded, such a bill filed by them on behalf of all the parties assessed who should see fit to unite against the contractor,making the corporation, which i>y taw is me trusiee, a oo-ueicnaani, wouia seem in i>e tlie appropriate remedy I throw oat theeo suggo-uous, however, only (or the consideration of counsel, the case having in effect been submitted without argument either oral or written. Tnere are grave difficulties involved in it, which my engagement* in the Court ol Appeal* have precluded me from esaminlng with that care and thorough news which the case demand*. The usual aid of counsel is thiTc'ore the more necessary if nvt Indispensable I shall reaerve a final decision until a further argument, which, it the counsel prefer that mode, may ho in the lot m of written briefs. THE GLASS BALLOT BOXES. nri'KKMK COCKT. Kkh 18.?In the matter of J. L. Motl ?x. the Board of Sv/vrrv-nri.?Mr. Rusteed. Counsel of the Corporation has obtained sn extensiou of leu dsys, from February 'tl. to au.-wer the complaint. THE STATEMENT OF MR. THOMAS N. CARR? AFFIDAVIT OF MR. BUSTLED, THE CORPORATION COUNSEL. The statement of Mr. Thomas N. Carr, published in yrsterday's Hsnald, has caused the following action on the part of Mr Bustced ? State ?f Srm I'orL, fV/y ami (bvn'y </ >'n? 1'orlc, u ? Richard Uuateed, of sail city, being <luly sworn saya.tliat he is the Counsel to the Corporation of the city of New York, and as such is charged by law with the duty of having the charge nt and conducting all the law business ol the Corporation. and also the charge of and conducting the legal proceeding* uecta?ary in opening, widening or altenrg streets tu the city of New York, and receives 'or >ucn ifcM nanit'll >ari < *" ;i >aiary "t ihoueand ih e hunorrd dollar* per annum. which aalary In Used by law. nod tbal he I- prohibited by law from recaivinx any comU, tee* or charge* for any eerv.cc or duty raiulrtd by law In be rendered by him In any matter or proceeding for the opening, wloning, e*i. mling, laying out or otherwlae improving the avenue*, etr<etx. public purler, iMibllt olace* or other publl:; ground* in the city of New York iH-ponent further rays that, a* imicIi Couoact to the CorporatHiD, It in made by Lw hi.- duty to give notice by adverliaemenl'or at lea?l twenty day*, in nt leant lour of the publK newapapero pru.te I m the itaid city, of the uiention ol the Mayor, Aldermen and Com tnoually cf the city of New York, to make application to it,. Mipre?< Court for the api*.,ut;ii.'lit "i i c<n i, of Katimate and AaaeaMnrol. and thu It ui nieo male the duly ot tin* deponent by law , in addipou to the aal 1 ad ver'ti.-emrnt, to cauee eople* of the name, in handbill*, to he poaled up for the -aim *|>are ot tune in three c>n*pu uou* place* ad.iarent to the property to be affected by tbe intended improvi inent f?ep< nent further aaya, that on or about the Ath day o( NoTemtier. 1HM1, application wa* made by the Mayor, Aldermen and Cnn>ni?ualiy >4 the city of New York, by tbi* deponent a* their counael, and In manrer and form aa aloroaid. for the aopmntment of CotiimlMlooer* on the opeinn* of Fifly ninth atreet, from the SecDnd avenue to the Fifth avenue, and from the Fir* I avenue to the Ka*t nv*r, la aael city. and that all tbe requirement* ot law in rela'P n to I be adrrrtixemeoi of euch application in four of the public newapaper* of the ' t i itid ,n relation to |*wtln( i oplea <if the aame in bund bllla were duly and ?tnctly compiled with in the caae of |ft* Fifty ninth atreet ojening, and in the caae of every nmllar application made by the Mayor, Aldermen and Commonalty, while de|H>Dent ha* been C rrporatKm Counter Iieponrnt further nay* that one Tboma* N. Carr, herelnalter referred to, wa*. upon inch applle.tUoa. at> l<olnt< d by tbe Supreme (>*urt one of tbe Oommlaatooer* of Hatimate and Amoametii on taid atreet. I x>portent fur tber aaya that aald Tboma* N Cbrr, well knowluitthe pre mleee. but roaltelonaly contriving and Intending to injure and defame thla deponent. and oolrary to Uie peace of the People of tbe State of New York, and agalnat the ata tute in auch caae made and provided, fal.'tly puhllahed of and concerning ibt* deponent, over the atgnaiure of the aaid Carr, in tbr HBW TOUR HBHALB of Tnoadnv. lb? SSd day of Krlirnary Ikft*. H appear* kf IM ftMIMl that dny. M<1 an drponrnt I* informod and hrllrTBa to !> trot, among oibnrn. ihr folkmm* falar. arandaiotia m l dofa malory libnln ? I pnrpnar hrrr ahowtna winif of Ihr rarly nprratlona and worktnaa ol thla aynirm nf ' r<-r' oprninc. an l"hhw I ai UM prrarnt day. Aa a brat atrp in ih<- ma't?r (ha law makn It nrrrranT) for tbr Corporal ion Coniiatl to glvr public noticr ot oprnlnpn throoah hr daily prraa. and hy tnmna of pla raroa poatrd la tar neighborhood whcrr thr Coni '-mp la tod atrort la to run. to thr rnd that ihnar objecting aball have an opportunity lo be beard before tbr proper oomnutlee. Tar iaw tp obaerred, but tta apirit and Inirnt. In many Inalanrra, la wholly craded and outrage! by Ilia <>fllr<r animated with the r jecnilon of the atel'iic Ihr advrrnarm"nt la alren to aomr paprr nnkti" wn lo ihr public, and of oourae unread, thr plararda arr pnated while following ihr poatrr a prraon la rmployrd to take down and mak" way wak 'br l.tll? bp faat an thr? arr pnt up. Hy ihla pr'? ree the partiea moat in trrralrd In Inr propoard riiitlng through arr krpt In Iota' lanoramr ot all thai la goiua on. I hla la what la waiiird. an I ahonld a majorPy of property o worry ryrnlnally prolral againai t|?e otilracr lieforr thr nii|>retne I'onrt a- d yeciire Ihrlr point It la of r' mnoiiBUri- anfai aa the rotinacl lannr-rrne I, aa Im'h himarlt and aaaoola" ? r?rrli r finally-In Ir Icra from Ihr rity Thr follow ma la n ainalt-Item of profit wbbh la re Crlyrd hy ihr Corporation t-mnwl yrarly. from feea for "arr tlrra rrndrrtd" lo Ifr Ci.mmlaaiont ra rf Aaaoaamenta and A warda for ihr oprnlnp of atrma I will take fnrea'lmaie ? though II la tar lirlow ihr atn tint, aa a ip-nrr ?l Iblng, rr reived by liltn--lhr Couiar|'a hill for arrrlora rrndrrrd lo Ihr rommtaaWin of wlilrh thr writer la a member, for Ihr opening f.r mm nlalk atrrct In annti ai li t -~.t what* l/'i in k'-?. During'h# two htiadr?d .mil liv# ?iltlriy? of lbin eommlPBlon, th? p#r?>n of the iVmnwl tm n#?#r pr# til. *nd 10 the nanny com m> miration a addrrMrd to Mm, ?h ronn?#l 'if th# rtiit!nii?<il?n, ri"|iiti Ire Irgui advl #. nnwi'ir, f*r n? I nad#r?tand. wan rrrr rrtiirnrdl by him Wn?l (h#n w#r# lhi?r char jr#? for Th# ((imml??l?n r tnnnt t#ll, can III# ?*?#*?xd yrop'-rty ownrr? I.nut ymr lb# ri iirahrr of mmnttrclonPMtftBe mimherwt In *moitM ?on# flft##n or Iwxity, 1hl? y#ar thry will #ie#r.| thin numt>#r. hnl, ?upi'04tn( tlmm In hrhultwinty tlx (V#* fr>m*n hn h to th# (?onn?#J, y#aftf, mouiil In 'did onwards?about * third of lb# profit which ltd* off,* jml'i 'a fortunate yoaaraanr. Thla la not ih# only outrage?otti?lu#d npoa tb# proprrty own#r, And thl# deponent further ?aya that the atrore etat#. merit* of lb# ra'd t'arr In relation to the employing of "* jtnnwin to tiik# down and make away with lie bllla," and in irlatloo lo the "a-lverttaement being given to aim# paper unknown In the public," and In r>'lnlion lo lb# allrjred bill of $1,112 12)i, alleged to have been rendered by do|K>n#nl for *ervtre? rendered In the leaimaalm, of which wild Oarr I* a mnmb#f, ar# find #a#b of tho aald

?iat#m#ntp ii, wholly and without any pialifh ation what aoevrr, false And d#p?in#nl aaya that h# ha* never rnn derert any bill for p#rvtc?a to raid rommtpalnn, or tn atf cvtcnobc o for opening or improving #trr<jte,*od baa ESPAY FEBRUARY 24, never received from Mid Fifty ninth street Commission, or soy other street com mission any sum of money whatever, whether a* costs, fees, charges or otherwise, for the performance by him of any service or duty in connection with any matter or proceeding for the opening, widening, extending, laving out or otherwise improving any avenue, street, pu blic perk, public piece or other | public ground m the city of New York. And deponent prays that the said Thomas N. Oarr may be apprehended and dealt with according to law. RICHARD BCSfEKD. Sworn to before me tbla 23d of February, 1H4H. J. qrackkmii'sui, Police Justice. BOARD OF SUPERVISORS. Ttiia beard met last evening?Elijah F. Purdy, Esq., President, In the chair. 1kb g1ass ballot boxw oomminmation fhom the mayor and cohmmution ooinsbl. A communication was received from the Mayor, enclosing one from #ie Corporation Counsel, respecting a suit commenced by Jordon L. Mott as assignee of Samuel C. Jollie, to reover the rum of $30,000 on a contract for supplying the city with four thousand glass ballot boxes. The Mayor calls the immediate attention of the Supervisors to the matter, otherwise the cause will go by default against the city. Mr. Busteed in, his communicatlm, says that the complaint alleges an agreement to pun haae four thousand of the boxes at the price of 91&, a delivery of the above number to the Metropolitan Police Commissioners, an accep tance and the use of the four thousand ballot beset, and a subsequent replication by the Supervisors of the con tract. Mr. Busteed asks for instructions and information on the subject. Supervisor Bi.rjrr offered a resolution to tbe efleet that Mr. Jaa. R. Whiting be employed as counsel to detend the suit. Tins was opposed by Supervisor Tweed, who said that the matter should t ot be taken out of the hands of Mr. Busteed, who was tbe proper officer of the Board, and perfectly competent to perform the duty. supervisor Bi cm said that it was evident Mr. Busteed bad too much business to attend to, and he named Mr. Whitirg because he already bid the case in hand, and bad resisted the suit as a taxpayer, without fse. Supervisor Kknmkwv supported the resolution, and said that Mr. Busteed should have notltled the Board of this suit, and not send it to the Mayor, who was not a member of this Beard: he had delayed his Information too late; the communication to the Mayor is dated Feb. W. and tbe twenty days' Lotice was out on the 22d, so that the case has cone by default. Supervisor Twkkr contended that Mr Busteed had done a l he ceuld is the matter ; he had notified tbe Mayor as a Police Commissioner. Supervisor Kennedy said that Mr. Busteed, in his communication, sayB that "a suit has been commenced against tbe Board of Supervisors," and that the time to answer will expire on the 22d. How Mr. Busteod must have no Ice ol this action on the 2d of February, and he does not notify tbe Mayor of tbofact until the l?tli. Supervisor Tweed moved to strike out the name of J. R. Wbrtiog and insert that of the Corporation Counsel. This was loet by a vole of rour to seven. Supervisor B>:i i. explained. to at though he voted against the amendment, he did not imply any censure on Mt. Busteed . but he opposed the amend men t because Mr. Whiting had already the matter in hand, and was well acquainted with it. Supervisor Twkkd raised the point that they could not pass the resolution to employ counsel, as it required an appropriation of money. Supervisor Bu st's resolution to appoint Mr. Whitiug to defend the suit was carried by a vote of 8 to 3. a rkordskn kkw nnm son tub scmuxim*. The Committee on County Offices reported that the preset t office of th > Surrogate" was insufficient in accommodation for tho business of that court, and the tiling of the records; and they recommeud a resolution authorising the Committee on Civil Courts to procure suitable rooms, and appropriating a sum not exceeding (4.000 for rent per annum for that purpose. laid over. The mailer was subsequently reconsidered and the resolution adopted. tor nival* roi.im fhe Committee on Criminal Courts reported in favor of approprlatirg $2.1125 for the contingent expenses of a river police. laid over. The Committee on Annual Taxes reported against reducing the tax on the Mechanics' Banking Association, and also the tax on the lirocers' Bank. bM over, other lepers were received, and the Board adjourned to Tuesday next, at three o'clock. BOARD OF COUNCILMEN. The Board of Councilmeu met last evening?the President, Charles H. Haswell, in the chair. The minutes of the last meeting were road and approved. The petition* of several parties on various subjects was the next business in order, and after being rea l they were referred to their appropriate committees One of these was a petition from the inhabitants of Staten Island who arc doing huaini>es in New York, asking for the setting apurt of a slip at the Battery for a steam ferry to and from the island. Another was asking for an appropriation of $500 for the benciitof the New York Volunteers, many of whom are in a suffering condition, owing to the late national panic. Councilman tixsrr moved that the number of the Committee on Assessments be increased from three to tive, on the grounds that the auties of the members of that committee are often laborious. Adopted. Councilman Ckawkorp moved that tbe Committee on Wharves, 1'iers and Slips Ik- increased from three to live This motion was adopted, but a reconsideration of the question being subsequently moved, the a* ism of the board on tbe first question was rescinded. Councilman Van Tims offered the following resolution ? Whereas the legislature, at its last session, passed an i ct entitled the "Metropolitan Police act," and whereas said act was passed against Uie feelings aud wishes of the dizens of the cltv of New York, entailing upon them an I increased taxation for the support of the said police, with | out their deriving a corresponding benefit from tbe lorce n the matur of good government of the city than was derived from the lormer police at a much less expenditure of money, therefore, K?solved. That tbe Counsel of the Corporation he requested to memorialize the legislature, in behalf of tne ' t m ns of New York, for the repeal of sail Metropolitan 1'ollce art, and 'or the passage of an act re catablMblng the former police. Adopted after a short debate, mr km st or tok nan vice*imnt*t ccivnrrrvat, w'Mimxa ah oftmaaxei to *rmriM< rowdyism is tiir nan mci-anr ur\T. tin demand of Conncilman Bit toy. tbe report was read, ard it showed that tbe Kire Commissioners do< line giving information sought of them, and reeimmen ! that the Brand should not concur with the action of tbe .Mdrrniahir Board on the matter. Alter some ditcussi >u had takm place, the report was adopted. Th? tiilliivru rnminiiitirfflitin frtitn tl>? Vtrfir wnu raa.l and reftrred to the Committee on I.** Ivpartinont ? To 1io. I<<<mokaiu k 1hk cnxmon OotVIl : ? < ?kmti km km? It appears from the published proceeding* of the lextalalurc that several lull* have been Introduced into that honorable body which, if they should become lawn, will ailict tnatcrinlly the local lutere?U of Una city. Wliile I <|o rot deem It nece?<ary at thla time to atat? tny v em In relatlou to the ox|*'ilienry or Justice of the par ticular objects sought to be irnotnpllahed In the passage ol thf?e, or any of litem, yet I believe that, aa thiy are all urged by interested private partiea, and are entirely conreeled with tbe local government and re (filiation* of the aftairs of this my they ahould not be allowed to |<wx* the I egmlature without attention of the CommonCouncil being failed by me cflteiallv thereto. The t'ommon Ooiinrll have a better'opportunity of Jodgirg of the ncfeexliy or eape henry of time prnpaw m ?o*/.urci than the member* cl the I egmlature. arid I doubt not that a unit*1)!'' tni'imrial from the Common Coum il in opposition to their tmmo diate pa*>*ire will meet wtth not only a jn*t ree >p(loa. but the justice of your objertwos thereto will tm admitted by that honorable body. 1 would therefore recommend that the Counsel of the Corporation he dlTMiKd lo prepare a pmper m? mortal against the iiassage of any bill* ol purely Iccal character a* respect* (hla city, without the epplK-attrn for an anient of the Common Council to the amc . unless substantia) public r.-ason* should determine otherwise. DAXIKL F. TIKMANX. Maths'* firms, Nsw York, Feb. 29, lHftR 1 he tax levy, aa amrndtd hyjlhe llwrd of Aldermen wan brought up tor consideration. and the kNiMMM w ith some of the amendment* made by that Hoard, but a> tered to their fornur action regarding other*. Councilman cssirr *aul that he waa *orTy that tbo reporter* hail been niwinfnrmed aa to ilia resignation of Comptroller Hagg. The Comptroller never tot J him that be resigned, nor waa the ?tatement ever made by him On motion, tbe Hoard now adjourned. BO AW OP 1W QOfBOW DIKTMtON UK IIOMKoraTHY rOHTPONBD TI1H ocrihlon POOR? I.O"St.< BY THIt PIRR OH TIIK IHI.ANP ?noeriTAl. cmt n or tiir intra ktmint*. Tbe Hoard of Ten Governor* met yesterday at the Rotunda, in tbe l*ark. THR ISt-AXD BoeptTilt. Mr. Tow.nskxp, from tbe i-land Hospital Committee, re ported a petition lo the Common Council asking for $100,COO to build a new hospital. The report waa accepted. and the petition was ordered O be transmitted to ton Corpora lion. Mr W. T. I*i*< **r? reported th?t the ins* to I>r Hanger and Uie Assistant 1'bvsn inn. hv lbs Isle lire, was nearlr |;i,<00. and the committee recommended the re payment of the limp In the Ilnctor. Mr. Avfornxos objected. He thought the flnclcr* eliould have their jroodn inenred. It would he * had pre*? tent for the Hoard to imimi' eurh laeeea. Mr. I'iDcknej ' mo lion, how< ver, prevailed howkopatiiv iv Mntxnm noeriTAt.. Mr B I". 1'ivCRNBT celled up the special order of the rviftirg. which wee the report of the committee on the propriety of Introdm inn homeopathy Into Hellrue Hoe pi tel. with e view to tent ite usefulness, Mr W. T. I'ivksh moved thet the subject ley on the table (or two week* M' It V 1'ivcxvkT hoped not. The <pic*ttoa should be irn t (airly end et once It was a matter of the utmost im* portence, end ehonld not lie trilled with. Mr Meinour moved that it he postponed forsii month*, a tic wanle<t to enlighten htrnsall on the aut>Jo<t. Mr fh ivan thought thla wae a Tory cutmnrdlnary mo lion. Mr Maloncy wa? one of the elgnem r?f tbo report agam-d homeopathy, en ! now he contented that he know hot littlo respecting the merile of the owe A* Mr. (iUDther, who took I pxnl dnl of intero-t in the mailer, wae absent, he wwhen the atihlect to lay over for two utekr, until a fell Hoard could be had Tt?i motion eventaally prevailed. rur orr noon nion. Mr. TotrnnttTn, from the Commute* on thit Poor I'oor, ro| ortod that the rail tor coal wtill continued, and tlie aup. ply hed run abort. Me moved that 2.A00 ton* mrre be oor.trar ted for. which wan carried. The Board then a I )oun?a. cuxsi n ov rnr. MtPAWMUKtw. 1*1l?vn? f!<*|'Utl 1/to Hmallpn* Honpttal ... 2? I unatir A?> inm JUMtall'fl J*tao.l 1 .1?s A:m?houM 1.?ao niv v'*a I-. ritt. nttnry 7*0 tviorml homo Tolaiirt :t7l <">lor?l Atylnm IHo W rkhonK' 1,17* fhlldron at nnr?? 21* IVt l> mrtery 1? tw?i a,oft.) 'At Mme rial* laM 8.72*1 lncrtwe ,..1,811 1858. the Barlfcrop WUl Cm*. stmucmk flOl'KT?OKN1BAL TIU Before Hon. Mgn Daries, C/erke end Sutherland John P. Breknom, Administrator, Appellant, w fhe M rrtjjic vf wc ouhc uj new i unu ??|wwwc/im. J he People qf tM State of Sew York, Appellant, vt. John P. Brelman, Adminirtrator ,dc , and others, Kespondents. Ihomas Beehman, Admmvtrabor, dc., Appellant, vt. John P. Beebnan, Administrator, and others, Kespnmlents.?The complaint in the original ease waa filed by Jobs P. Beekuian, administrator, with the will of William Barthrup, | deceased, to procure a coaetruotiun of the last will aud 1 testament of said Barthrop. The defendant, Mary Bonsor, is a sister of the testator, and the defendants, Mary Bon tor, Samuel Bonsor, Alexander Bonsor, Henry Bnusor, Kleau'r Potta and Almiratiilsou, ace the children of said Mary Ponsor. The defendant. Thomas Beektnin, is the administrator, fee , of Anna Barthrop, deceased. who waa the widow ot the testator. The remaining defendant is the people of the State ot New York, who appear by their Attorney General. The facts in the case are undisputed. The children of Mrs. Bonsor, who are UviDg, are made parties as claiming the benefits of a provision in the first codiod of the will for the purchase of a farm, which Is w thetollowing words " 1 will that my executors purchase a farm in trust for the benefit of my nephews and nieces, children <f my Bister, Mary Bonsor, of Nottingham, in Kngland, { not exceeding six thousand dollars, aa an asylum, and 'tis my wish they come and occupy the same, especially my i ephew Henry; but my executors must have full jiower ! over the same lor fifteen years, for the benefit of all my i nephews and nieces, as they think (it; and after the fifteen ! years is expired they may .sell the same aud apportion i he avails among them or their heirs and survivors, as I hey may think just: and if any of my nephews and nieces ! avil or dispute with the arrangements my execators make for their mutual benefit, I will that they receive no art thereof." The other oarties are Intonated either ) ext of kin in the distribution of the portion of the estate tiempted to tie bequeathed to various purposes of benevolence, or in the application of such poriiou to such purjone*. To enable the Court to comprehend fairly the directions of the wilt in this res|iect, the judgment appealed from ard the points presented, all the provisions of the will upon the subject are quoted. tho will bears date the t?th October, 1837, and after making several devises and bequests, proceeds as follows:?''All the residue and remainder of my worldly estate and ellects, e.ieept what is hereafter excepted, 1 give and devise to the Society in Philadelphia and to the Society in New York, for Iho Relief of Tailoresses and Seamstresses, to the Re male As sistsnceof New York, to the Society lor the Relief of Respectable Aged iH Indigent females of New York.'' He subsequently revokes these bequests and gives to there two societies $1,000 each per annum for live years. These directions were again revoked by a codicil made the I5lh October, 1838, and provision made as follows:?"1 do hereby revoke the legacies given in my will and in the codinl thereto, to several societies in New York city, and in the city of Philadelphia. As to the rest and residue and remainder of my estate, including the capital or principal sum to be set apart to produce the aunuity to my sister Mary, an mentioned in my will, which shall remain thereof at her death, ami after tire* satisfying the several legacies and bequests and provisions iu tny will, and any of the codicils thereto, except those which I have by this or any other codicil revoked, I dispose thereof beiore any money is appropriated tor the establishment of a dispensary, as provided for in one of the codicils to my will, as follows, that is to say:?" Exceptions were taken by each of the parties to portions of the.judgment of the Court below and to the rulings of the Justice on the trial, and bills of exceptions prepared mid settled. Each of the |>arties appeal from the whole or some part of the judgment. Points?The devise and bequest iu the codicil of May li! 1838, for the building and maintenance ol a dispensary is void. It would be void at common law for vagueness and uncertainty. To the validity of every disposition as, well of personal as ol real estate, it is requisite that there be a definite -'subject" aa well a- "object," nud uncertainty in either of these particular* is fatal, the "aubjoct" of a devise or bequest is the estate or interest dispo-ed of; the "object" is the person or persons who are to be bene fitted bv the devise or bcuuest. There is no SDocific de vise or bequest of the residue of the estate or any portion thereof toouy one, tor the purpose ol a dispensary No trustee or trustees are name<1 or appointed to take the estate or manage the dispensary, nor is any provision made 1 for ptrpetuatng the trust No limits are set to the funds | ! to lie approptlated to the object, 'the teraons who are to be the benefii iaries of the trust are utterly uncertain. No plarn is Lamed where the dispensary is to be established. The directions In the will tor the e^tcbllshItu'nt of a dig pensary are made void by the provisions ol the Revised 1 Statutes, lorbidding accumulations of the rents and profits ot real estate, or of the income of personal property, ex- ' cept in certain esses. The devise or direction to the exe- 1 < more in the first codicil, to purchase a tarni. in trust, for ' the benefit of the nephews and nieces of the testctor, to be held for nfteen years for ocrn|>ation by them, and then to be sold, and the avails apportioned among the nephews and nieces, their heirs and survivors, as the executors might think tit, beuig void, Hie money set apart lor this purpose should have been distributed to the next of kin. The Court below erred in referring the accounts of the administrator, John 1'. Heekruan.lo a referee, to ascertain whether they had been settled, audits! and allowed in due nutnuer by the Surrogate of Columbia county. The accounting in due form was alleged in tha complaint, expressly admitted in the answer ol the Housors, the pat tins immediately into rested, and proof of It waived by the stipulation of the Attorney (ieneral, who bad put in a general answer?no question in regard thereto could have art sou on the trial. The Court erred in holding that ender the discretion |confcrrro t y the last clause of the last codicil ol the will, giving lull power as to the dis|xieiliou of the residue of tie- I ?state, " so thai the same shall be applied to objects of j charily.' the administrator was limited in his selection to eocleties, and could not even bestow the testator's charity ' on an individual, no matter how deserving, not even If he were the testator's own aged and Indigent sister or widow. If the trusts are valid, and can be enforced, their execution devolves iijhui the administrator with the will annexed The renunciation of the executors named in the will and the aptsuuimcDt of the adminisfatoi, forever precludes the txmiiois named in tin- will from inter , ircddling wltli the personal estate of the testator. The courts of this stale have no jurisdiction by virtue of I which an estate that ha? passed to heirs at law or uext of j km by reason ol a decedent, owners neglect, or failure to make a legal difqxxotion of it. can be wreated from such 1 1 equitable Jurisdiction of the Supreme Court of this Stale ?t.il ol the Supreme Court of the Idled States, In go eiwn vivo w th tbe ordinary judicial power ol the Ktighsh Court cl Chaocery, which In only adequate to uphold and enforce such trust* tor charity a." would have been valid II duly create d for any other legal por|*we. This Jurisdiction m plainly inadi quale to su-tain the devisea and bequests for a dispensary aud lor charitable purposes, which are sought to he made by the will In question. The Judgment 1 in this cats should he reversed, and a Judgment eutered de< taring void the provisions of the will ami codicils It r th' ptlftMM ol ii larm. lor ihc lIlMUMIll o| u ||^M *nry mid lor charily, and distributing in tlio next ol kin ' the ' slate not specifically bequeathed. Argument Is being heard. I Musical and Dramatic Matters. Italian Otkha.?Monad's ( harming opera of "II Hon i.M'vai.nl" Is to t>e given at the Academy tonight in the tame style of elegance that characterised Us productem last reasna. when it was necessarily withdrawn in the height of its piopolarity In consequence of the <le|>arture of the company for Philadelphia. BkoaI'Way Thiutiiic.?Attractive programmes bare been arranged for tbe performaocea to take place in the alter* noon and evening The superior equestrian, acrobatic, gymnastic and menagerie corps will go through their as toniehmg cierci-es and tbe Juvenile pantomimlsu are to l>erfoim In the fairy spectacle of "Cinderella."' Howsry taunt*.? Mr. K. Johnston * adaptation of the "lintmskir of Moscow" a announced for to night. with Mr Kddy and tbe adapter in lite principal characters Mr. J. Is to plar in the exciting piece called the Mr u Sword " The entertainments are to conclude with the new drama at\ led the "blacksmith of (?hent '* Bl aron'a ?The favorite old remedy of the "Road to | Kum. IB the diflrrent acta of winch Meanr* Burton, Brougham and Walt ot represent the pert of Goldfinch, l< to tragi, in performed thia evening Meaarn. Brougham nod Watcct are alno to ap|ear In the renowned old tHjm pic xtravaganxa called " Hie Savage and the Maiden. Wciiim*.?Mr. Ron rr Irau 11'a laat drama, "Jeaaie Brown, or the Relief of lot know," upon which we ape ?tally commented yesterday, la to bejrepaaled to night 1 lie raet. It artll be otiarrved, embracer the ealire talent i of the compaiMT, In addition U> the auxiliary aid of Mlea | Roberteon. BtwHm at the Swan' la the afterpiece. Lartu Karta'a.?Two favorite comic dramas?" All that ' ( littera ? n?H Gold," and the "Muleteer of Toledo"?are to lie played at thin lioiiae to night. The various charae Icra will lie admirably portrayed hy Miaa Keene and i Meeain. Jordan, Jefterenn, Rurnett and others alike distinguished f< r careful delineation of the |?rta allotlad them. jtbmni'xw Mt ski m ?Utile Cordelia Howard and her pa | rrnts a I'd ibis afternoon iwrlorm in a new play drama , i sed Trom Hawthorne's romanlir novel, entitled "The H. ar | let letier. or the Klftn Child." Mr. Watklna' remarkably ami maftil adaptatkm of the "PioBeer patriot, or Maid of , the War I'alh," la to tie enacted In Ibe evening. , OmoMJi Or*.**.?In addition to the customary routine of ' oogi. burlesques, dan ea and Joke*, we are to night I prom teed llie farce of "Hello. the Men?ible Monkey," at ( (,rn i briaty At Wood K|>h Horn and hla peculiar e? ren I ' trlcltlee si Bin kleys , and "lati't Dream of Shovel ry. I I mlnfti fft ? (1 With moI'VllfM Mill hi'i l ftn<l Inn rtnr. iara at i 1 Dry ante'. Mikp At aw Snnrnt ?M>,the Scottish Nightingale, trndera One selection of characteristic, national ami other songs, Ac., lor her concert, to take place at Morart Hall this even rg. A* an Indication of the estimation id which pbe Is held by her countrymen it Is proper to observe that this concert ia Riven under the patronage of me Highland Cuartl ami Caledonian Club A Hormnti Rider In the <'alntwwtae. A man nafttetl May et. aays the Keokuk. Iowa, Jmimil, wiv picked up Id the street on triday evening, while laboring under a heavy pressure of liquor, and eon lined in the mUtmose. He represent hlmsetl as being a Mormon prtarhrr. end has In his |>ossosslnn an elder's certlll'-ate from his leghness. Itrlgham Voting, of which the following ts a Irue copy ? To all persons to whom this letter shall come?This cer titlea that the hearer, V.lder Wm K. Mavlet, is In full faith nd Irllowshlp with the Church of Jesus Chriat o( latter Itiv Sdnte. and, by the general aulhnritiea of aald church, has Iteendulj aiqsunted a mesacugerto the Knetern tat"*, to preach the Coepel and administer in all the ord thereof (tenanting to his office and we invite all ? |i ? to Inn lonrhirg m.rl coiinaai an a mnn <>i ?< , kiiI |<> n|w-n |n thorn Iho door of III* nml Miration, nn<t | ? I It Hi In It In travrln In whatr?<<\or ho ws% | ford, nml an pray t.nd, tho otornnl t' 'brr tnhl<?*itti i Mn> lot, ami all who ro<oi*e biro ami minister k> a * om forU, with blotwirf" of boavon ami oarth for tim, 0* allot?rnity,ln tho namo or.loann Cbr at Anion f. f d?| ( if rat l-alt' I ahr, In Iho Trrritt r) of I'tnli, in bohnlf r>( at.) , cl.iirrh. BkK'MAM VtH'Ntl, l. <?r. \ BKXBT r KIMHAIJ../^^"'" "1,l,cr? J Raantt R Writ*, focrtlary Ami 22, 1*67 I X f* Tfce Awabrnlrig of a New Spirit I* Virginia. M1?T1*|U AT THK MKHCU ANTS' AND MECHANICS' IXCHANUK. IN NOUKOLI\Vrom the Richmond Kaquirer, Ktrt' 22 ] A colled ni-eSing at the Merchaut*' and Mechanica* Exchange was hwii Wednesday afternoon, February XT, 18*8 The I'iut*u>i<NT stated that they had been convened for the purpose of giving **prebjion to their views relative to Uie importance of speedily completing the James river tnd Kmifiwlm flAnal?I ha Vi.a.nia _ nod ot taking.-.uch steps :m they may deem advisable do bring the matter prominently uti f avorably before tbe Legislature a; as early a day aa possible, for the purpose of obtaining tbe passage of such a bill as would a^xmplioh tbe speedy completion of this groat and important work. On motion of Maiisiuu. Pakiw, Kaq., it was resolved, , tbat a ti mnutlee of live be appointed to present resola tious expressive of the sense of tbe meeting; and tbe Chair appointed Messrs. M 1'arils, II. lrsnn, Henry (ibiselin, G. W. Faraut and S. R Borum, wbo retired and returned witb tbe following preamble and resolutions, which were unanimously adopted ? Whereas, tbe size, safety and position of tbo harbor of Nortolk point to it as tbo central barber of tbe Atlantis coast, and tbe natural centre of Atlantic trade; a glaaoe at the map shows Cairo geographically to be tbe point of convergence ef the upper Western rivers, and therefore, as the natural centre ef interior trade; tbat botweeu these two centres now exist in the Ohio, Kanawha aud James rivers, which, witli the connection completed between them, will fcrm a continuous and nearly direct water line from the great centre of tbe interior trade to that on the Atlantic? that owing to the temperate climate of this route trade to and fro between these two centres can be passed for eleven mouths in the year, thus making it a grand central American water line, superior to any that now enisle, or that can ever be established: therefore, Resolved, That the overwhelming advantages of tha* line lor tbe reciprocal trade must command for it the greal mass of the trade of the upper Western river coua- i try, as well as that of the States through which It runm a trade now amounting to many hundreds of millions or dollars annually ; and which must be vastly increased by he rapid developement of the trade of tne country late rested. Resolved, That this conclusion justiHes the commercial division of the Union north of the lower lines of North Carolina, Tennessee, &r . to the Rocky Mountains, which in made in the map which aecotniwuies tbe pamphlet entitled?"An Ap|>eal for the Speedy Completion of the Water Line or Virginia," he., which map divides said tee ritoiy into two portions, the Northern part of which in commercially tributary to New York, and the othsr to Norfolk?the latt?r being fear times the size of the former?and that this claim Is, In our opinion, clearly deumhatrated in said pamphlet, and that it is conceded by two hundred and fifty or three hundred newspaper notices oa lending irom New \ ork to New orieans, aua rroia Una city to Kansas; tbat it is also conceded, so far as wo know, by each one of the many thousand persons tbat bare die cussed the propositions of that work, and is furtUermorw \ endorsed by the ablest statesmen, not only si our oww State, t>ut of tbe I'nion. Resolved, Tbat passing as it does through the very centre of tbe great trans Alleghany coal held of Virginia?* Held in itself greater in extent, containing more coal, of ? better quality and more cheaply mined tiian any other of tbe f'uiou, it would afford to that held a development that it can find through no other source, enhancing its value to the extent of many hundred millhns of dollars Resolved, Tbat tbe greatest internal trade avenue of Uw I'nion. if not of tbe world, will thus pass through the oeo Ire of Virginia; that tlie vast tide of this trade would, as along the line of the Erie canal m New York, build up and sustain many scores or thriving and prosperous towns and cities, besides its manifold other advantages in opnmg mines, stimulating manufactures, and pushing forward agriculture to tbe extremeat pint of development. Resolved, That the city of New York has reached her present pint of power and wea'th, through the wise connection of tbe harbor of that city with the Western lakes, through tbe Erie canal, which gives her thui the trade drainage of the section of country assigned her on the map al>ove referred to; that this connection enabled her t? trausprt to New York the proauce of the interior in greater masses and at lea* cost tlrau the same could go to any rival city; that the same advantages were given that city in the transmission of tbe return trade, ant that in these grand facilities in connection with her harbor, do wa tiLd the great, if not the so!e, cause of tho present greatness oi that city Resolved, That If this lie so, tbat the building up of s similar connection hetweeu our city and the far greater country which, ou said map, is rounded t> Norfolk, must, in our opinion, and very spediiy, Imtil'y the hop tbat the seaport of Virginia Will become more than a rival to that of the Umpire Mate, that this opinion is further estah.isbed by the tact that the gtcat line we have iu view would form a trade line from Norfolk far into Kansas, north of which no item of Mouth em prodnce would ever go, from the tact that the trade exigencies of Ibe West now require a great importing centre by New York, and a great ex)>ortiug centre at New I TlrlUN? w lltri run, IUP TltfiHU*- muu JWIHUU vi Uitn IIU*J would comb hp the ml vantage* of both, or, in other word*, establish here the combined advantages of Hums two cilier?and Irom the fact that Norfolk can never have a rival routh of this position, while New Vorlc u subject to a rivalry with Philadelphia, Boston and other seaport* ef great capacity and depth of water. Keaolved, That the coucentralion of ?ucb a vm! amount of interior produce at this point would draw here immense fleets of merchantmen; that these vessel* would bring with tbem a large number of paMengor* for travel, and a large amount of light freight for traneporl over our railroads; that this trade and travel would at least double the trade, and more than quiidttiple ttie profits of our railroads. thus adding Immensely to their value Kttaoived, That we believe the enhancement of the railroad interest of this State would build this connection tarnity timeeover. that the enhancement of town and city property of Virginia would build it fifty time* over; i! i.i the enhancement of (arming property would build it cue hundred time* over, and that the enhancement of our mineral property would build it two hundred times overtime making the reflex bent-lite to Virginia amount to many hundred times the Mai of the work, and ti.at by it Virginia would bWMMagain the first State in the ('tuoa, and its chief seaport a vast commercutl enporiam. and tliat upon its completion must dejwnd all our hopes of State or ctt^ advancement?Uie only mean* of sustenance for railroads, steamship lines, Ac , which, without it, must be doomed to a precarious existence Reeolved. That this meeting consider the early complalion of the water line to the Ohio river of the tlr-t im portance to every interest ol Virginia; il should be con idered the paramount interest of the Siat \ entitled to Its earliest and most earnest consideration. That such means suoniti dp taken a- >n?n insure it* earnest imnxioie c.ira plelioti that id this view the Ship ationtd either take it op ax a State work or glva up bpr interest to a company, aad Kuch only ae can dcpoait with the Comptroller such sura, to be forfeited in case of failure, as would insure its com 1'le'tiou at the earliest poaaible moment Resolved. That we earnestly request the representative* of this city in the Senate and House of Iadogaies to press a resolution similar to the foregoing on the attention of the Assembly of the State, and to use their utmost exertions lo attoct its paap.ige. InntnR the absence of the committee, P T. Rish.e. Rs| , entertained the meeting with an mterestiUR aseouiit of lh>? reeling esrlted at the North and tVest In behalf of this KH at work, and of the proposal* which had been obtained lrem capitalists in New York to complete tint improveno nt without coat to the Mate, provided a suitable < uarter could be obtained. Mr. T. T. dropper oflerel the following resolutsiu, whit* 1 waa adopted:? Resolved, That we deem it expedient that a Committed of twenty be appointed to visit Richmond, (or the purpose of conferring with and arcing upon the members of the legislature the importance of this great scheme And the I hair appointed Messrs. P. T. Bisble. It R Romm. Mar shall l'arks. Henry Irwin, Henry tihwelm, E T Hummers, 11. K. Anderson H H Hodges, O. W. Par int. Jno B W hitehead. W I' Stewart. Clias Rowland, Cinwa.v Whit lie, J. T Allyn, J. J as Moore. T. T. Cropper. J. U Ilea dren.N C King. Wm F. Taylor, Jan K Harry. On motion of FIssnT lawtv. Esq., it was Resolved, That the thanks of the ritisens are due, ami are hereby heartily tendered to D T Risble, keq , for hts active exertions in behalf of the interest* to Intimately connected wtth the welfare of our city. and that we cor drnlly commend him to the members of the General As semhly as a gentleman worthy of their conAdeuee, and as represents g the views of oar citiseae on this great quos lion?the water line of Virginia <?n motion of H. lawns, Ke<i . it was ceive fund* lo defray the expense* of said comni tl >< Thf (>o* appointed H. Irwin. T. T. Cropper, J llirdf llendren.C. W. (.randy and Chariot Rowland On motion of H. Gmoauw, R*q., it ru Resolved, That these proceeding* h# published in our rlly pa|* rs. with Iho ro<|uoat that thojr l?o copied by ail papers in the tkale Iro n.Ily to tho cause and Uial they urge tho calling of aimHar mooting* to thia ooo through >ut the State. On motion, adjourned. DfiH Penalty agalnat tho F.nfWrreinent off tho Urttnipton t'onatltwtlori The Territorial legislature of Kama*, after pa** ng a number of law* which are calculated to keep up lb* e* moment and spread dMaflectton among the people, cloaed ihrir labors to the great |oy of all the order and .pilot ... ng |" ; . I ..(. ii Hi I III . iani ho crowning act of their labor*, a* we are Informed by a cor respondent through the llrMoti 1nt~ll?r, wao the ptasago of a bill which wo eannot think wa* mnsummaicd into a law by the signature of Secretary IVuver, matting It a crime' punishable with death for any attempt to put la Ion e the provisions of the lecomptou constitution Tho 1)111 |* entitled "An act to define certain erlmee. and Tor the pvniatimont thereof," and la In the following word* j? Whereas, a number of peraona, pretending W> art by mlhnrity Of the people of Kansae, assembled In the town )f leeompton tn Not ember laet. and pretended to frama ahat they term a constitution lor the Mt sU- k in-ao, inder whi. h an election waa held on Unfourth of Jan* iry Inst for Mate ottlrer* ami wh. reaa, one .lohn Cat loun the President of said pretended Convent,.... , lao.i* 0 t are authority on a certain contingency to declare by roclamatlon the aloreaaid pretended constitution to be hT'TsUtnton of the Plato of Kansas, an I the nersone rn.r ?rtVn? to hare been elected on the fourth of January net to h. the lawfnl officer* of government lor the peopla f Kansas and whereas, lh? t'onvention pos.essed no a-i ihorltf from the people of Kan?aa, hut waa an irresponsi ble as-cmhly engiuo ' n.i '.n-p'rn.y against th- right* ind liberties ot the )>eople Therefore, he It enacted by the Oorernor an I l-ogsla live Assembly of the Territory of Kansa Thai If any, ndlrtdual claiming to h*re authority from lac convention ehirh wwam hied al I** on |>l on in November la-t to matt 1 , otisiiiution for ttie State ol K m*as, shall pntihsh in lh dispe of an otlteial prorlamutoui any declaration to t'iu| He< t that the eonstitotion made hy *nM con-ett m, l? t)-.W on(dilution of the Stat ? K tn- or ah . ,JV) h rs> n or peraeti* n cflli er oflii to act u: ,,,g -litig". or hall prMes d to or m tvt couuni-. any) W I urniff tin!"- ? mho; "I ; n.,m lirnni rMntlMR to bp ibp IteTPrtwr, l.i?'tleii*nt (lorornori . i. lory, A' it..i ?. i Tm, -it t*t .. \ nftiliiti.it) or tlalmlttf tobo to nlltrr li n,.?. rj p tifti slntivp AtfrmMy, r>t * m?mtw of ConirrPf tin t >? ! loDftitnti'in, f>i.i-i .1. '.Hi" II.. .Intl." .1 ) ' V 'f. [>f ^?)il irfltrr* ntj.lPt r-Aid t ooMllnt mi. of if ?nr |>rr?oti or I.. r'Oli- Mwll i?tt ti | in a i f|..i:n.p* v-iAfv.. t- L, v , i< i t" |l> ri - i ' - < I ' .in-! .'.it mi i, lln- Trrtltntj, not h | -'?on or ft?r?.ww, oWV?r of ?in.-?r4 Ill* .1 mi-' r ' .? ' felinif, I il ui?? .