26 Ekim 1855 Tarihli The New York Herald Gazetesi Sayfa 2

26 Ekim 1855 tarihli The New York Herald Gazetesi Sayfa 2
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THE INDICTMENT AGAINST ALDERMAN HERffiCK. Clwsc of the lust?Jodje Roosevelt's Cluusgo? DlM^icr (unit and DUch rg? of (be Jary. fOl'KT OK OYKH AN TERM1NEB. Before Hon. Judg* Roosevelt. T*rH"OAT, Oct. 26, 1855.?The Court was more than usually crowded thin morning, to hear the summing up ef ecu as el and the charge of the Judge in thia important ease. Mr. 'Whiung proposed to present for the consideration ef the learned District Attorney the points on which Ifcey claimed the Court to charge the jury:? '1st. Waring. on bis own testimony, is an accomplice, anu as such should be corroborated, and if not corrobo rated, the defendant must be acquitted. 2d. The corroboration required by the law to support daring's testimony should be the proof of facts tending to fx guilt upon Derrick, and which are not reasonably consistent with bis innocence. The corroboration must he a:> to sui h and so many parts of the accomplice's evi dence (without tegard to what those parts may be) as mav reasonably liidure the jury to believe that, bad as he Is, he is telling the truth. 3d. If Waring's testimony does not to establish, beyond reasonable doubt, that Derrick accepted the check, and Intended at the time be received it fiat it should influ ence hbtnction or vote, he cannot be convicted. tth. ETen if the jury believe that Derrick roceived the check, and subsequently obtained the money for it, he ennntt be convicted if he never, in fact, intended that the check or money should secure his official Influence, vote or action. 5th. If the jury believe that Waring, in giving his tes timony, has wiliully made a talso statement in regard to any material fact in his narration, iu judgment of law ha is unworthy of any credit, and it is their duty to dis credit him entirely. #th. The burthen of proving the guilt of the accused ?seta upn the prosecution, who must establish it boyond all reasonable doubt. Ttb. The finding of the bill of indictment is no evi dence whatever of Derrick's gul't, and Is not to be con sidered as evidence by the jury. 8. Testimony as to conversation, such as that given by Waring in relatiug his ulleged Interview with Derrick, la to be lfceived by the jury wltb Jgieat caution, such testimony being regarded in law as weak and dangerous. 9. If the jury believe that Derrick, before the alleged receipt of the check by him, had dele: minod to vote for the measure in question, and would have done so, then he was not influenced by the check, and cannot bo con victed of ihc crime charged. 10. if Derrick had no intention that tho check should influence bis vote or action wheu he received it, no in tention afterwaids formed to keep that check or its avails would justify his couviction. 11. In weighing the credibility of Waring's testimony, the jury are to regard the threat that "there was evi dence enough to convict him, or that unless he gave evi dence against Derrick they would iudict hiin," as a very strong, if not a sufficient inducement, to Waring to fal sity the truth. 12. The jury are to take into consideration the fact that Murphy concocted this matter, his subse iueut acts, bis interviews with the Grand Jury, with Mayor Woo l and the foreman of the (..r.itul Jury at Wood's office, aud the threat to indict and convict Waring unless he testified against Her tick, as creating strong suspicions of unfair ness in procuring the indictment, and sufficient to call on the prosecutor to explain by evidence such an unprece dented transaction. 13. If Waring, whilst under oath before the (iraud Jury, told contiudlctory stories in lelatiug the transac tion, or has on this trial related the facts in any ma terial [aits different from those related before the Grand Jury, or has been eontradie'ed in any material part by other witnesses, then, in judgment of law, the inference is uuaveidab.'o that he h.a fabricated the story, aud is unworthy of credit. Mr. Brady understood the District Attorney to have said, at an early stage of the trial, that he would Inform us on tvhlch counts of the Indictment lie would ask the aocuaed to be convicted. lie called upon him now to state what they are. Mr. Hall replied that he would ask for his couviction on the 0th. 7th, 8'h, 11th, 15th, 10th, 20thand 23d counts of the indictment, which his Honor would perceive to have very slight variations, but which leferred to no other umu-aciijulthan this, and to no other persons but Mr. Derrick ami Mr. Waring. Mr. Brady then proceeded to address the jury on be half ef the accused, and occupied throe and a half hours with much effect. Mr. Hall desired to a?k the defence If they had pre sented an their views to the Court, or whether they merely presented them as points without argument. Mr. Whiting said they hud presented them, but would not argue them. Mr. Hall proposed to contest them in point of facts uud ?f law. De was prepared to dissent from several of these, ?ad he thought tho Court and his Donor wore entitled to hear the arguments upon them. Mr. Whiting would also add the following point to those others on whT-h they would ask Ids Ilonnr to charge the jury'.?That if the jury came to the conclusion that there was a conspiracy between Wood and Waring aud Murphy, It is a perfect answer to this case in judgment of law. Again. that the history of tho administration of justice presents no case in which the accomplice has been per mitted to give evidence, not only to prove the narration ??nnecied with the transaction, hot to prove the corpus drlHi Itself?the b"dy efthc offence; anu that in no case will the law permit a party to he convicted on the uncor roborated and unsupported evidence of a in in who origi nated the crime; and there is no corroborated evidence in the case: and In juogtnen'. of law no man can be con victed on ihe testimony of such wi'ne-s. Mr. Wliiting proposed them as points of law on which be asked the Judge to charge the jury. If his Donor overruled any of them they would resort ty tlmir excep tions. They did nol intend to argue them. 'Die District Attorney hud nothing 'o do wi'li them. Judge Roosevelt?But he hits u riglitffo be heard upon them. Mr. Dall wanted to avoid, what is too often the case where a man is defended hv several counsel, the prol nida tion of a summing up to the jury nndsr the Idea of pre aenting questions to the Court, and if his learned friends had anything to say on thine pi lntn, he respectfully con tended they ought to say it now. Judge Roose.elt understood the counsel tor the defence to say that they merely relied upon ihein as points to he submitted to the Court, and were prepared, if over rated, to take their exceptions. Mr. Hall then proceeded, at 2 o'clock, to sum up ?n the part ef the prosecution. 11c closed an ahlo address at ten minutev past four, at which hour Judge RooMVtlteommenced to charge' ihe jury. THE JUDUEft's OHABOR. Gemiemkk?It is my province to address you, not in the language of oratory, hot in that or simple narration and dry legal logic. 1 shall begin. therefore, by remind ing you, that prior to the year 185:1 this community eras filled with rumors, whether well or ill founded it is not tor me now t in,ui re. of iho tendency of municipal af evi sue? M" n m iu'jui > . ?? > ??<? ?v ??? j "? "? . ??? fairs to run luto official coirunlion. In con-eij'ience of those tumors, and belbvwg 'hem to lie sufficiently es tablishid by evidence, the legislature of this State ia the month of Aptil of the same year, pissed an act fur ther to amend the chart i r of the city of New York. In that net was Inserted a provision making tho act of bribing or receiving a bribe, or offering to receive a bribe, or enter ic into a proposition to receive u bribe, a high crime and miademeanor on the part of any motnber of the Com mon Council, which body was by the terms of that char ter, to be newly organized. That act however, beftre'' went into effect, was to t>o submitted to the vote of th ?lectors of this (ity, and io lie voted ou in the June i lowing. At the election thue directed or authorized the new charter was adopted by the popular voice, and b | came, or wa* supposed o have become a law. Not lo g after, however, a difficulty arose in one bunch of t e Supreme Court of this State, iu ri-g.u'1 t? ? the questio | whether it was competent tor the legislature ?f this State, which had the sole uuthority to make laws fcr the State, to make the adoption or non-adoption of nay law dependent ou the popular vote. That difficulty, after argument in one branch of the Supreme Court, ended in the decision that a law of tba' character was utterly null aud void, and the con ? q >? was, as 1 In fer from the dates, that the Legi-lature was called upon In the mouth of July folio a lng to look into the aubjeet again. They dill do it. And ou the 18'h July t.liey puss, ed an act, biing satistu-d with the provisions of the pre vious set: and consideiing that the susie provi-ion in re la lion to b; iberv was railed for in regard to other por tions of the State h? well ss this city, they pn-sod an act to regulate the existing law in relation to brtliory, and ?txteoded It to nearly ail officers ol the cdty as well as of the State, and to the m'mbors of the Legislature of tho Htate. In that uct llicre is a provision that evrry person who shall promise, offer, or give or cause, or aid or abet in causing to be piomi.-ed, offered or given, or who shall fnrniah or agtee to fuinisli, in whole or in part, to such and such officers, (naming them ) or to any member of the Corporation, and so on. any money, goods, right in action?like a pr<.tni**oiy n >te or a cheek?or other pro perty, or nnything of value, or any pecuniary or other individual advantage either present or prospective, wlili the Intent to Influence his vole, opinion, judgment, or ac tion upon any question, matter, cause, or proceeding then pending before him, or which may 1m- brought In-fore hi in in his official cspacity, shall, on 00?vleUon,}t>o imprisoned ia the State prison for a term not exceeding ten yeirs, or Bned a sum oot exceeding $5,000, or both, in the discre tion of the Court. That section, you will peroeivo, gen tlenien. applies exclusively to the case of the briber, or the one that proposes or offers to bribe. Now, what is to he the fate of htm to whom the proposition Is made? Every officer who shall accept any such gift, thing of value or advantage, or any promise or undertaking under any agreement or nmiersianding that hi i rote, opinion, judgment or action shall be influenced thereby, or shall in V7 particular manner In any measure to before htm in ids official capacity, or who she _ , , , .. i shall directly or indirectly demand require, propose to ro caive, receive or entertain sny negotiation or propositi >n fcr any each gift or advantage as s consideration or Motive for his official vote, action or influence, shall be aw conviction, forever disqualified fr,mi holding any pub lic gift or oflioe. shall -orfelt his office, and shall be imprisoned in the fttate prison for a term not exceeding ten years, or fined In a sum not exceeding M.0U0 or both, in the discretion of the Court. Then are inserted two sections which go to characterize the testimony to be given In such case:? Kvrry person offending against either of the provisions of the section in question shall be a competent witness against any ether person so offending, and may be oompelled ts appear and give evidence before any magistrate or Grand Jurv, or In any court, la the ?*me manner as other persons, hut the testi mony so given ?h?:i not be used In any prowecuuon or proceed ?ag. civil or criminal, against the person so testifying. Ths next section provide*:? f,.ln {W prosecution for such offitnee, any person shall JJiffioutfjnsteause omit, lo appear or to prodaee any paj^orwriung, according u? the requirement of a subpirns, SLidiheTmT.T )f^hfy. the Tonrt may. In addition to aay otffer pun-Umcru for fnalsnillt. order such nerson or twit 2Si^?bll fmnr"rt"*r ""oh person or wit vrtttng. alio ^"a^Tftllwif "o U fu" of but It is EXSrttF.l.Tr"- u. ? historical document sfcowlng what was the prevailing sentiment abroad In the ??L , ?sbst was the isppOMd en I, aou whit th?* rfrmMy to Va ?svfcg read ths statute law to you. I will now crevv?i to state the fecta of the caae. I iay m well a?Jha *j**ncmczl Jt sffewt Um( *wt HUma last, a contest aruse among the owr-crs of lots In the up per pert of the city, m to the proper grade to be esta blished In the street t?"ttig to Hurlgate ferry; one party holding that the grade as eels Wished wen the proper one, and tho other that the cutting of tho street would be too deep and would iDjure their property materiaJy. This division of opinion was a eery natural one. and the mere fact that the accused or any other member of the Common Council was in favor of or against the proposed change furnishes. of itself, not the slight est ground for impeaching his motives. You wiil recollect the frr.uk and manly testimony of Bryan M'Cahill which, must, 1 think salisfy any mind on that potnt. He looked for the measure, believing it to be Just and tight. He voted the p-offered bribe, or what be understood to be a bribe. The Court entertain! no doubt of his trutn and sincerity, and 1 presume the jury does not. You may assume then, I think, gentlenvu, in the further consideration of the question < f guilt or in nocence of the accused, that the measure was one which any honest man might advocate and still be honest. That di*po-es of a large portion of the evidence in this cane, and a still larger number of tho wi messes. As no men. however, can luwfulty accept a bribe to vote for a just measure, or as no man -an receive a bribe to vote for a measure which he would have voted for without such bribe. It will be still 'eft for yon to inquire, was there a bribe received or not ? Waring, a reluctant witness, as I supposed he was, whose testimony is essen tial to the case on the part of tho people, - ays there was a bribe, that ho paid it in a check tor 110J, that the heck wa i subsequently presented to tho bank by ome person, that it wus paid and charged to his account, thus showing that the chock was not only tendered, but, although declined at first, was ulMinutely retained and used, and therefore accepted, and that, too, yon will recollect, after ample time for reflection and Ihaugeof purpose, lth'nk the evidence is that that chock was paiu on the lfltti of September, ami that It was given < n the 12th or ICth of August, thus leaving more than a month between its b"ing received and easlied. I'oes Waring then spiak the trulli/ or is h? not only a yatrtt crpt trim in it?which he admits?but at one and the same lime a reluctant and a perjured witness? That there was a check of the character and description mentioned by him, is proved by its production, and by the testimony of the ofliceie ol ihe bank. That u check was tendered to the accused by Wal ing is equally certuiu, for the accused has proved by his brother's testimony that in an iutor ?iew with Wuriug, shortly after the finding of the indict ment, he (the accused) said, " You know, Waring, that I told you to put It back into your pocket." The tffer, therefore. iB established, and It may be proper here to suv that such an oiler merely, although unaccepted," is a felony in the party making it? and that to enter into any negotiation or proposition to leceive a bribe is an offence equally guilty on the purty to whom the offer was made, hid the accused then en to-taln the offei? This is a Bolcmn question, gentlemen; solemn is its consequences, end demanding your careful, and 1 had almost said, your religious attention. Yon have the fate, in some degree, of a fellow citiv-en in your hands. Waring sweais that when he handed the check to the defendant the latter said ho did not wi-U to rcje-'ve anything of 1ho kind, and shoved it back; but he (Waring) replied that be would leave it with linn and he could return it at si mo futuic time if he thought fit. or if the object w as not accomplished, to which the Alder man responded that if the measure did not pass ho would certainly return the check, retaining it in his hand all the lime. That is his (Waiing's) version of the atoTy. Tlieie is a point taLcn here by the counsel fir the defence which undoubtedly is to be considered by you in this connection, so far, 1 meau, as the subject ot Waring's testimony relates to words spoken. That point is that testimony as to conversation is to be received with extreme caution. (Tho point is printed above.) That point conveys the idea, though 1 might wi.-h to put it in othci words. It is undoubtedly a dan gerous species of testimony, that which goes to con versation!?they are so very easily misunderstood and so easily misiepiesented. You have that to bear in mind in Interpreting the words used, except in so far as they were cottmporsnoously accompan'ed by ucts, which, as it is said, speak louder than words. Thedofence assumes that Waring swore faL-ely?not only hero but before tha found Jury in giving this vcr-iou. That is the principal defence on that point, llow, then?for this was after ihe indictment, recollect?could tho accused, alter the indictment, apply to this perjured man? for oil this theory lie was known to bo perjured? for an affidavit to be u-od in this Court as a reliable sub- I ject on which to found an important motion?the motion to quash the indictment? That difficulty struck my mind, us 1 see it has attracted also the attention of the Jiistrict Attorney. It is for you, howovor, to look ut that matter, and see what weight is to be attached to it. Mr. Brady rose to make a remark. Judge Koosetelt intimated that ho should wait till the Court was through, and continued?The testimony of Mr. JIugh lleirick is that an affidavit was sought to be ob'ained from Sir. Waiiug of tho circumstances in the (.'rand Jury room. It Is to that I allude. Tho whole tes timony of the defendant's brother suggests matter for grave reflection. A poity, at the nine under in dictment, g' cm with another party related in the closest manner by ties of blood, to a witness whose test inn ny it is Important to overthrow, and en gages him in conversation. N'o oilier witnesu is pro tect; no offer is made to call another, to guard Waring from possible misappielionslon or misreprescntitinn; strong asscveiations arc made to him while ills mind is greatly c infuse J: and ills answers?and in some instances even his .-thnce?are sought to be used as contradiction of his deliberately swi rn statements here In open court. Such evidence, io obtained?counsellor tho defence, I thifik, called it a legitimate tiicking back?it is obvious i equiioi to be carefully weighed. And hero agiin 1 would nt ply the point as to the danger attending tha evidence of c< nvorsath u. The point is us applicable to this part of ibe evidence no lo tlic conversation which Waring had with the accused. How, admitting that interview be tween Sir. Herrirk, his brother anil Waring to be ever so coircctly reported, can we reconcile the unsworn state ment m the accused on that occasion that he (Horrick) told Waring to put the check into his pocket, with the fact tho t tie- check notwithstanding was piesented at the bank aui! paid'' Mr. Trudy?I should any by Murphy putting it Into llie bank. Judge Rooiievolt continuing?Did Waring actually return it tu his pocket, and then tender it to n?me more yielding otticial? it is for you ti ?eo how the evidence stands on tin* point. He swears positively h" did not; and what e : ' y :e on that point la there to contradict him? If >? why was not the cashier of the Mechanics' and . > ? . ' Bank called to prose that ho teceived that cheek 11001 the Nas sau Hank, and why was not the oa*hier of the Nassau l!anh cni'ed '<> prove to whom it waa paid, and so trace it back to the individual who tirst loceivcd it from the drawer ? Why was not the partner of the accused, who, it appears, kept an account iu the Nas an Itauk, calle i to swear that lie never saw the check and never de posited it in the Nassau Rank, or, if he did, that he re ceived it from some Individual other than the sc. used 1 1 should have been better satisfied, gentlemen, if, on the par* 11 the prosecution, they had brought up the cashier of tiie Na.-sau Bank at all events, tor. I believe it is iu testimony that the word written in (icucil on the check (Must-mi} is in his handwriting. Mr. Brady remaiked, as a correction, that it was the Cashier of the Mechanics' and 1'taders' Hunk. The Judge corrected himself accordingly. Ho might have giien us some explanation on the subject. Tlieie i- there a sort of vacuum, undoubtedly, but you will bear in mind that the prosecution had u right to rest upon the positive evidence of Waring; and it was com|>etent for the other hide to show that this check was received from a source totally different. Thare may have been n me difficulty about it, hut it looks > ery lunch as If that might be done. I was about myself, in the course of the examination, to suggest that the cashier of the Mechanics' and Traders' Bank should be cal'ed up, or lhnt Mr. Ropes, tho partner of the accused, should be oallcd up. The case Is obviously defective on that point, or at least unsatlslactory to mo. The state ment of Waring. il fake, was perfectly susceptible of con tradiction. If the accused find not received the check, and kept and used It, somebody else did. That Is certain, and this somebody was easilv, It seems to me, ascertained liy tracing that ear mark check?tho Hull's Head Bauk heading but ing been cms ed out and that of the Mechan ics' ana Tradei s' Bank w ritten In. But Waring, it is snid, has contradicted himself. That is so, certainly; but you have hraulthc expl inatb-ii which he gives, and which one of tbe membeiSof the Grand Jury, in part, at least, confirms. Waring was sick and contused, ail 1 laboring under an anxious spprelmr.-ion or h-gally criminating himself. After an op|.ortunliy, however, to take coun sel. he determined, seemingly at l?ast?as Mr. Lock wood testifies?to moke arlenn breast of it. You will consider this ?xplsnotlon, gentlemen. 1 do not stand here to de lend a man for sweaiiDg falsely, even under an apprehen sion of jfr.-niiul danger, bar from it! Htill, he was ap prehensive. and It is for you to judge whether that is n good excuse. (Wider the txplanation sad give It the w< lght to which it maybe entitled in your judgment. Again, it if raid Ihut the witness Waring was a partial pnti r in the offence. That circums'ance i.i cvlcufated to weaken the force of his ti stimony and utmand for it a ilgid scrutiny. It dues not disqualify it. on the con trary, tbe bribery act not only permits hut compels him to te-tify, and it would be an extraordinary inconsis tency first to compel a man to testify and ilicn to dis believe him. Besides, what motive has the witness new to add i>erjuiy to bribery? He does not screen bnt criminntes himself, at least in character. He has, it ?< i ms, no friend to i creen. nor any enemy to punish. lie was anxious, even Importunate?I use the words of the witness ties ban?that the prosecution should be stopped. He went before the Grand Jury, as he came here, by the compulsory process of law. lie never revealed the story till he was compelled and knows not how he came to ti summoned. There Is no pretrnee that the accused, like Councilman McCahill, when tiie bribe was tendered, in dignant Iv rejected the outrageous in-ult. All that he said?taking his own version of It, as testif c-l to in con nection ?lilt the iulervtew between him and his brother and Waring?was, ?' Waring, yon know I never took, nor agreed to take the (heck, and that there was no under standing bet* i-en us on the subject. Ton know I never saw it alter I told you to put it In your pocket." Nothing indignant in all this; nothing like a naturaal outbreak of offended trti tue, against a man who had attempted to se duce him into felony, end who then resorted to another felony to com let bint. Does, then, the terilmo ny of Mr. flngh Herriek. admitting that it I- entirely unbiassed by the natural influence of trateruxi sympathy, tend to destroy that of Waring or to strengthen it ? It t* your province, gentlemen, and the principal labor to be lerfi imed by you. carefully ami with a single eye to tbe truth, to compare the statements of these two wit nesses, In i-i.nnection with the check produced and the evidence of the officers of the bank, and to deduce from each separately, and for ail together, such conclusions as they may seom to offer. Much more mfgh' be said. 1 lutended to have gone over the evidence, but it is printed with very great care and great fulness from day to day, and I see the newsj iper i meaning the Hkrxld) in your bands. The Judge would 1*, therefore, Inexcusable, if he should, aft' r the full and a- curate report there given, and seeing thai it is spread Ix-fore you and the public, enter into a minute re.-apitnlutlan of the eridcnce. The ease is now in yonr hand- Yuv, and you alone, are the lodges of the facts on which the result depends. The Court may comment, but It is r?r the Jury to docldo. You win render. I am satisfied, a Just verdiet, just to the people and just to the accused, taking cars, a? the low require*. to give to the latter the benefit of any rations! doubt you'may entertain* There are sonic points of law which the counsel for the doitace has requested the Conrt to adopt and present to yon. I suppose that the first proposition, (prfoted above,) ?V * ??rl7 ?*?at jfiffi lake it *? i\ -.uadfi (tag*, i am nut inclined to aot upon the testimony of teen who confers themselves to be whet they ought not to be. But u the counsel ban truly raid, a man know* what the truth la, in a great majority of canes, nttm-tirr y. It can 1* gathered from circumstances, and from the prin ciple, it might <ecu>. of something like spiritual magoet l>tn. It very rarely happens that a witness on the stand, subject to the scrutiny of a cavetul cm??-exainina tion, if he tells a lie ran conceal it. You do Instinctively seem to know whether toe witness is testifying to a genuine or a fabricated statement, and in your hands Is the entire a.bit-anient of all the manner and clrenui stunces of the evidence. The second point, (printed ahi.ve.) 1 will adopt too. For the purpose of the testi mony, I charge the third and loarth points too. The fifth point 1 cannot charge; it certainly is not law. The sixth is sound la.v. The seventh is liw too. The eighth is also law. The ninth 1 cannot charge you; I do not repaid it as law. The tenth 1 cannot charge you. The eleventh I cannot charge, for 1 do not think it ap plies to this ease, as the evidence stands. 1 give the same negative to the twelfth point; I have said as notch on that subject as I doom necessary. I give the same negative to the 13th point; 1 have said all on that sub ject which I deem myself authorized to say. The four teenth point is, that'if the jury is satiltiod that Mr. Ro? i.ocawood testified truly as to the inaccuracies of Waring before the Brand Jury, then, as matter of law. Waring is proved to be perjured, and must not be believed at all. do not charge that in that firm; I have said all on thai I \sd to say. The fifteenth point is, that the matter to which Wat iug i.woie before the (Hand Jury is material; no d >tilit about that, gentlemen. The sixteenth point Is that if Waring is not to be credited there is no evidence whatever to support the prosecution; that, may be eaid to he true. If you do not credit Mr. Waring as to the essential points of the testimony you cannot convict tho accused, of course. Mr. Brady?The charge is concluded. Judge Roosevelt?Yes, sir; but I do not mean to allow It to be argued further. Mr. Brady?I do not propose to offer any argument, but I here except to your Honor's having expressed your opinion as to facts in the case. I except specifically to your Honor charging that Waring was a reluctant wit ness. Judge Roosevelt?The jury will weigh the evidence on thai point. Mr. Brady?I know, hut I except; and I specifically ex cept to each and every opinion which the Court has ex pressed to the jury as jto the facts of the case. We also except to your lien or'u declining to charge en the points we have submitted, and to the Instructions you have given. 'Hie jury being about to retire, Mr. Hart, one of the jnrors. asked the Court for instructions what he should do if the Jury did not agree, and if it was necessary to remain out all night. He had handed to the Court, two mornings since, a medical certificate of his being affected by neuralgia, which made it dangerous for him to be out at night. Judge Roosevelt thought it was 1Iine enough to speak rf iliat when ihey saw whether they would agree. The juiy then retired, at half-pust five o'clook. Bl.SAGIttfcMhKT OF TUB JURY? I'll Kill DISCHARGE. At about twenty minutes to eight o'clock the jury sent a message to the Court that thoy had not agreed, and that there was no probability of their coming to an agreement. They asked to be discharged, or. If that was not granted, they dcilrcd to have some refreshments. The Court enquired of the coun-el If they had any sug gestion t<> make. 'The Digtiict Attorney said it was one of those matters entirely within tho jurisdiction of the Court. He sup posed that ihey state under the solemnity of their ni b that they cannot agree, he bad no objection td their having refreshment. Mr. Brady had no suggestion to muke; but he was always opposed to starving juries. The Judge?II Is not pleasant, nor is it very agreeable either, for the Court to be starved. Counsel would recol lect that one of the jur'.rs was ill; there is a medical cer tificate in the Court to the eifc:t that his sitting up at night might be attended with danger; and he says him self he is taking pills every half hour. 1 he jury were then sent for, and being asked by the clerk if they bed agreed, Tho foreman answered in the negative. The Corn t imiuii ed if tliey all w ere of opinion as stated in the written message which he received, that there was no probability of their agreeing. A j uror said there was not the slightest chance of an ngrt ( merit. The Court, under the circumstances did not think that the ends of justice could ho promoted by keeping them together, and inquired of Air. Hurt (the sick juror) how his condition was. Mr. Hart replied that ho felt the pain coming on. Another juror said thoy had ballottcd fix or seven tin.es with ihe same result. Tho jury were then discharged, and the Court an nounced that tho whole of the present panel were dis charged for the term. The court was adjourned to Mon day, in 11 jvequenoe of the death of Judge Morris, on which duy there will be a new panel. [We understand that the jury stood eight for acquittal and four for conviction.] Board of Aldermen. liltS DKbAhTUEXT. A communication was received from tho Chief Engi neer, with return of appointments in the Fire Depart ment for September, as confirmed by the Fire Commis sioners. Confirmed. Tho report on the complaint of Engine Company So. 5 ?gainst Engine Company No. 14, in favor of reversing 1hc action of the Board of Fire Commi*-loners to expel Augustus H. Tyler and Ed. Burl, e, of Engine Company N'o. 14, was, on motion of Alderman Howard, referred buck to the Cwni?<Mln?ri. ins snimr-isiED stkkst (iradk. Document N'o. 23, being the report iu relation to the l ighty-third s reet grade, was culled up by Alderman Wakkmak. Referred to the Counsel of the Corporation tor liia opiuion as to the liability of the city to pay for the work. ins arm or pones again?sam's export bkvt hack. Alderman Binr.cs presented the r?port of the special committee on the nativity or tnc chief of Police, and de claring his seat vacant. Aldermen Varum and k'su.v would object to the report being received, if it were to elicit a debate; but if it was laid on the tuble aud ordered to be printed, they wmild oppose its reception. Alder irnn Ei.y asked, by how many membors of the ermmittee the report was signed. Ihe Frkidemt answered that It was signed by the Cliaiimsn only. Alderman I rv?Then It is a minority report, and can not be accepted until the majority report is first pre sented. It was not propei ly before the Board, and be proposed that they proceed with other business. Alderman C. 11. TCflMKR, as n member of the commit tee. explnintd why he tuid not signed it. Some lays ago about fifty pages of the report were submitted to him. which he read, and yesterday he received notice tint the remainder wns ready. He intended to-day to read about fifty pngee more?(laughter)?but previous en gagun.cnts prevented the possibility of bis doing so. for tlie.e reasons he hoped the report would be re-com mltted. The PRlBiDSIR ruled that the report, being a minority report, could not be received without tho unanimous sanction of the Board. The document was thorefore sent batk. The Board, alter transacting other business, adjourned to the first Monday in November. Theatre* and RxlilhHIon*. Broadway Theatre ? Mr, Forrest is to take In* benefit this evening, being positively hi* ia*t appaararce but one. The nieces provided are " Damon and f'yihla#,'' and a new bur leiia < tattled "* Mr. Gander's Breakfast Parly." Such good provision eHiinoi tall ol enaunng a full attendance. Howcitr Theatre-The new drums, entit'ed " Sebustopol,'' has been quite successful. It will be repeated tbla evening together Willi the popnlar drama ol' the "Sailor of Franco." Mr. K. Johnron, J. J. Frier, O. (<rlOitha and >lrs. W. Ward sustain the principal character*. Bprtok'* Theatre.?The usual popular comic treat of the " Serious Faintly" and the "Tiaidlee, will be given ltd* m nl itf. Burton, of course, sustalnlug his Inimitable personation ef neck andloodle. ? Au.in'? Tsmatek.?The new remedy styled thn " Man ot ...?ny Friends" waa well received luat night. It will be re peated ltd* evening, together with the farce of " How Stout You're (letting." They will be played wlih tbo usual < . sta.f MrrnoroUTa* Theatre.?The Llorente Spanish dancer* and the i alien Opera trowpe, mmMu ef Hni*. Vftetti FsSh preeb. Slgnorl Ocrevaand Jlorluo, with an effective orchest:a andeborus are doing well. The laat act of "l.ucladl F un mcrmoor," and the hal'et entitled "The Vlnle-e of Xeres," are to be given to night. A select musical olio bet*ecu the opera ana ballet will also be given. ( ou.ixs' pleasing miscellaneous enierealnmenta cannot be prolonged beyond the present week, in consequence of other engagi mcnta. Those who have not yet seen htm should avail themsclvca of tin present opportimlty. Woon'ti MiasTi.ria are playing to full houses every night. They sie to repeat the tkiee of Black Blunders" to night. Burki-iv's Seiiemaders ?The new burlesque opera of the "Bohemian Girl" la anuoonoed again for this evening. The "So Is* Collage," a new opera. Is to be produced on MonJay evening. Faor. McAllister ad revtlsrst first rate programme for this evening. The Inexhaustible Bottle and the Amputation of tbe Nose are among the list. J. K. Smith's Panorama of Europe and Schaxtopo! ran be seen this evening at F.tnpire Hall. , It la drawing full houses every night. Dokamsmos TEsriMoxtAL.?This affair ia to come off at the Itowerv theatre on thetirst of next month. It promise* to be one wirtby the patronage of the dramatic public. W A. Moore's HrNErrr.?Mr Moore, the nuclei,! manager of Nlbki's Garden, is to take hi* brnetlt at Nlhlu's on Monday next. Look out lor u good performance. Brooklyn City Polities. The Whig City Convention assembled at the old head quarters of tbe party, in Jors lemon street, on H <-dne*<lay night, and nomlnata] the following cndldate* for i'oliee Jus l Ices:? 3d district?Benjamin P. Morehouse. 4th " ?Abel C. Wilmarth. Mh " ?John Montgomery. MCHOCBATIC WAKD NOMINATION*. The ]>emocratio Nominating Committee of the teith ward have selected Fphraim B. Shsw for Aldeims^Tand ex-Mayor Manuel smith lor Supervisor. Wllllamaabmrjr City Pollttee. Fknator IN TO* Smovp Pwnucr?lames tleary, not James WeOenry, is (he name of the nominee for Senator In the Second district. Premium Cabbaoi? A "Tiooa Head.?Wo hav? received from T. I. Chat field, Esq., theefflcient and popu lar agwnt of the Cnited States express at Gwego, a mam moth head of cabbage, weighing SB W pounds, and mea suring fcnr feet and two Inches In circumference. This magnTfleent vegetable took the premium at the recent fair of the Tioga County Agricultural Soel?tj It was raised on the farm of Geoige Farnbam. F?q,, in Tioga county, N. T. It reminds us of some of the California production*.?trfrm Mcttnyyr, Oct. 27. >RBITAL0F John IIcKinnit? Officers Franciaco I*ng and Brsdshas, returned to this city. last evening in the T'bfladalpliia train, from New Orleans, bringing with them John IfrKInney.who has been indicted fcr '.be murder of Conrad Bauer, at 114 Market rtwt. in input J*at.? finwkMaWtteV SYNOD OF THE Ol'TCH REFORMED CHURCH. Another Debate ?? ?l*v?ry?Vhi North Caro lina Clnasla Voted Oat ot the SjboJ? Spuilifi, Resolutions. At. TUTBD DAT. The ^ynod assembled yesterday morning at 0 o'clock, in '.ho Ninth street church, pursuant to adj mrnment the day before. The President, Rev. Mr. Wolfo, occupied the chair. The minutes of the last day's session were read c.nu approved. After some unimportant preliminary business, the re port of the Committee on the Communication of the Classis of New York was read. This report was upon the Sustentation Fund, Public Building Fund, and Hoard of l'ublicatiou. Upon motion, the report was accepted, and the sub jects taken up for consideration separately. The report upon the ^ostentation Fund was referred to the committee on this fund, without debate. The report upon the Pahbc Building Fund was adopted. That portion of the report upon the Board of Publica tion saying "this Board was a draft upon the churches or which no adequate equivalent is afforded," called up nine debate. I'pon motion, the whole matter in reference to the Board of I'ublicatlou was laid upon the table, in ordur to take up the preamble and resolution in reference to the admission ot the North Carolina Clissis. The pi' ae ble of Rev. Mr. Cause, denouncing slavery as sn evil, was the first subject before the house. Rev. Mr. Conckiin first took the floor. He was opposed to the preamble. It had nothing to do with Christianity. \Ve might an well condemn Intemperance in alinitting our Southern brethren r.s to condemn slavery. They were members of the church, end that was enough. Is slavery a sin, ?s we say it isf If It is, then this whole subject ought to lie put out of this Synod. How can we consent to admit what we denounce to be a sinful body ? I deny the statement made yesterday that we endorse the lows of the State of North Carolina by admitting our Southern brethren. Wo took thitAassis as Christian men acknow ledging one Iltvine Master. I contend that this verv sys tem of slavery may he a design of I'rovldcncc to elevate this degraded race to a higher and nobler stand, for I re iterate what was said by Rev. Dr. How yesterday, that the Bible In no part of ft condemns slavery as a sin. 1 am opposed to ufi efforts at compromise upon the question. Compromise will not answer in this ca*e. We must ac cept this CiassU or we must reject it. Mr. Prosident, if we reject this application wc debar ourselves from the South: we cut ourselves off from all communication with our Southern brothers. He hoped this preamble would not prevail. Ki v. Mr. annnso.x?1 am also opposed to this preamble I should much rather have had tills subject before us as a nuked question. 1 cannot guy men are inexcusable for holding slaves. I believe a man can be excusable, al though 1 am opposed to slavery. I am opposed, there fore, to tlrlB preamble. Let as lave the plain question whether we will recolvo our brethren into fel lowship or not, and 1 eannot so? how we can refuse, if we oooy the teachings and injunctions of the Bible. Mr. tiiuv, of Jersey City?I am in tnv.r of having the naked question, and let us decide whether slavsry is a sin or not. It It is a sin we eaunot gloss St over. Wo cannot tamper with it at all. We ought to put It away. I am ready to meet this que ,tiou now. 1 nope we will decide it once. Dr. liovr, of New Brunswick.?I must say a few words more. Fo far from slavery being a sin, I believe, from the bottom of my heart, that to liberate the slaves of the South to-morrow, would be to tbein an act of the greatest injustice and cruelty. What would become or thein 1 Would the abolitionists of the North recolvo them'1 would they help them?hire tliem?advance them capi tal, and set them up In business V I believe they would not. I do not think we ought to legislate for the con soi.nee of our Southern friends. If holding slaves is sin ful, what sl.all we tay of our German lbrefithersV They were all slaveholders. The appeal I made to Moses and the Bible has been denounced us being behlud the age. 1 have listened to this with surprise and disroiy. Has it come to this)' Are wc in advance of the Bii.dc V If such rentiments as these are entertained, lo! me tell this Fynod they have more important mutters th it demand their consideration than slavery. I sincerely bvileve that American slavery has been a great lilesslug to the Afri can. Why, the i?'cas of the community on slavery are wild and filtte. Why, Mrs. Stowc's " Uncle Tom's Cabin" is an entire delusion, and as great a cruelty as could be practised upon man. and it would be well if it could be pat out of the pal? of civilised communities. Dr. Aujgmi?1 rise to a point of order. The que.-liou of emancipation of slaves is not before the house. Cit.Mkvu.v?1 must decide Dr. How Is in order. Ho is within the latitude given to other speakers. Dr. II jw at this point, however, yielded the i'oor to Rev. Dr. Hoi sr?The precise point before us is the pre amble, which does not bring up the point whether slave ry Is a sin /?r tr. It simply denounces slavery as It ex ists in the Southern Ftales to day. No one pretends to uphold slavery. It is pronounced to bo by all. one of the penal effects of the tsU. The preamble only gives utter ance to our rcntiments in regard to slavery, and synipu Ui'ts with those who are found in the mi-let of it. I hope the preamble will prevail. Mr. Tk-'R'S?I see thoie is a restless feeling under this debate already, but I think Uiis is only the beginning of the end. What good, 1 ask. can result from the adoption of this preamble and resolution ? I am n'ral.l we are herctak'ug too much of tho spirit of pnhiical parties, and arc resolved to ru-li this matter through, regardlesi of conseq uences. A tliou-and questions will arise l'rom i ilme to time open this question, and from year to year this matter will plunge us into an exciting debate. I can foresee no benefit resulting to us at all from tho ndinis ilon of the Classla of North ''arolina. Now the bible lias I ?on quoted here to prove that 1; docs not condemn la voty as a sin. Now. suppose some time berrce we should have an ap plication from ihe Clnssis of I tali for odrais : ion into the church. Now they tolerate polygamy there and il they asked to come into our church wo should have to decide tho piety of polygamy upon Fcrlplurl grounds, end 1 defy any one to tlud in tho liible any sen tence foi bidding a man having two or ttin " wives. (I.aughtir.) N'i wr, because the Bible does not expros?ly torbid tb:?, who doubts Its being a sin because of thlvf Our aet i< n here in icgard to slavery will go all over the Fouth uud reach na far as huiiaac. and do much won. for goi d or evil. If we go in favor of slavery, this acilon will n.courage the " Douglases," the " Strlngfellowa" aud " ?trougbows," and this we ought toavrid. The-e men wJft-h our uetloD as closely us they do tho action of po litical bodies. ism oj po.ed to both tho preamble and resolution. Mr. lb Bol e then offered the following preambl" as an amendment to that oflertd by Dr. Gauoo, and already before the house:? Whereas, this -'ynod e innot in any degree yinpathisc with the system of American slavery, does yet sympa thise with tbo-e Christian men who find thenr-elvc- in tho miibt of it, aid themselves holding slaver?therefore, Resolved, (The oiiginul rrsnlutb n.) Mr. Du Boise supported this resolution, bclloviug it to be mote simpio than the one offered by Dr. Cause. Dr. Brrmiss?I confess that since the introduction of this question into this synod, my anxieties have been for the Dutch Church, t believe in the motto. " l/>vc your neighbor as ycnrseli." but I do not think Holy Writ en Joins it upon us to love our neighbor better than our selves. In nil this matter i have had a single eye to the welfare of ihe churc.lt. I am no abolitionist. I detest the principles of some men who figure as abolitionists, from tho bottom of my soul, but still, I am not a pro ?la very man, and believe in this preamble, saying to the world where we stand upon this all important topic. What have we been doing here for tho past day or two? We have been exhibiting to the world a divided churih. and a church too that has always been celebrat ed for being a unit. 1 regret that this question Iras ever come into title body. We did not bring it here. It was forced upon ns, and If we accent it I lorsee an angry cla mor ycat alter'year, that will be serious to us in the end. Wc have lrud the experience of this question in other churches. It has divided the I'resbyterlsn church; It has divided the Methodist church; it has divided the Baptist church; uud how. al.all we let it divide us? 1 fdead for the sake of peace?for the sake of the church? or tlie ske of union, to keep this whole matter out of onr church. 1 am willing to do all in my power to us t my Southern friends; but I cannot take them in this bouse, out of fear of the future. 1 have never been one of these malignant spirits that assailed the South?I don't preach ilsditionism?I am not in (hvor of it. 1 don't preach it in my pulpit;but still others don't think upen this subject as I do. aud dissension will come ar .rg us if a c take in our Foutbern brethren, aud I must in sist that all slavery sentiment be taken out of this church altogether. At the close of Dr. Bethune's remarks, a motion was | made by .ludgc H.ufl.v, ofl'tica, to lay the whole matter J on the table. I'pon taking this viita the niotiou Was laid i upon the tablo? forty-four voting in the affirmative, and ; lor tv-?ne in the negative. The ayes and ueyes were called for by the Rev. Dr. How. of New Brunswick, the vote being eyes 60. noes 47. The convention then adjourned till the afternoon. H AtTL.RNOON SESSION. the Synod assembled punctually at 4 o'clock iu the af ternoon. The question of the North (Carolina flassis being set tled, the business in the afternoon commenced upon the report of the Committee upon the Board of rublicalior, which was laid over in the forenoon, to take up the mat ter of admitting the North Carolina Claaaia. This report said, In substance, that the Board of I'ublicatlon had been guilty of a facile profusion of expenditure, and Wa an unwarrantable tax upon the ehurch. Dr. Pmn xi supported the Board of Publication He thought this was a reflection upon the Hoard. He was the Chairman of that Board, and could testify that they had done their duty fhlth'ully. He did not wish to go down to posterity with this brand upon his name ami he did nut wish that his companions should remain under Ibis imputation. He was surprised that charge* should be nrsde against them unless these charges were pushed to so Investigation, nod to this he had no objection. Against this charge I cannot rise to indignation. My heart is sod?it Ts too much filled with shame. The churches seem not too much taxed. They did not com plain. When the people complained, then it was time enough to find fault. Fx-Alder man Jxnxuun? He thought It ought not to be token as s censure upon the Board of i'ublicatlon that aeomnittse reported It to be an unnecessary expendi ture. The Fynod had a right to discuss all matters of th# church, and because member* differed In their fleas of the expediency of certain matters why should this be taken as s censure' Tills would bar all right of ex pression of opinion, and he held that any member had a right too free expression of his opinion, and the Claaaia of New York did not go beyond their right when they expressed their sentiments in reference to the Board of I'u miration. After some further debate, that portion of the report which accused the Board of I'ubliration of being guilty of "a fhclle profusion of sxpeuditure" was struck < ut. The report was th*n adopted as amended, sanctioning the existence of the Board r.f Publication. The Board then adjourned to visit tee Crystal Balnea, acesrding to invitation. fit ?? (!(**? The Wn< liullre. ACC1BEHT TO TBS CHOP JUSTICE OK OPUSi?BALE 01 PEOPFKTY IB IrKMARAl. t?THE HARBOR BILL ? WANT OF WATBK?THE METHODIST CONFKRHNCI! ?DEPRECIATION OF JAMAICA TKOPEKT Y?EFFECTS OP AB0I.ITI0NI8M?A PLAIN HINT I Oil ANNEXA TION TO THK UNITED STATES, ETC. We Lave received oar tiles of Peir.arara (British Gui ana) papers to September 29th, which contain some inte resting local ana inter-colonial news. In L'erourara the Court of Folic/, which was to have met on the 26th ultimo, had beeu adjourned until the let of October. Hh Honor the Chief Justice was arc, lentully thrown from his hoi se on the 21th till., hut (lid not suatain any serious injury. The primisiB in Water sticet lately occupied by Messrs. li'Bean, Jumicson & Co., have been sold bp private bar gain lor 814,000, to Mr. Antonio ilodriguez rierrao, a Por tuguese merchant. The Court of Policy mot on the 20th ult. The hill to provide a new register of voters was read a third time and passed. The Georgetown ITarbor bill went through committee, after having undergone some trilling amendment, and was ordered to he brought up again for further coiuui.t tal. in the city of Hemarara the want of water was already 'clt severely by the lower c'asees of the population, who are enable to help themselves, and to provide during the rainy season a sullicieut supply of wator to last during the whole of the dry weather. The j'it.yal GaseUe of September 18 says:?The decision of the Wesleyan Conference to remove the Rev. John ( orlett from this colony to another sphe<e of labor has caused u general feeling of regret, not only among tire members of the Wo?leyan body, but among his numer ous liiends in other denominations. From Jamaica the following lite news iiad reached Demarara:?Major-General Bell had arrived at Kingston, to assume the command of the troops, to occupy the station of Lieutenant Governor, and member of the Legislative and l'rivy Councils, in the room of General Sir Richard holierty, who baa lett the island on account of ill health. The depreciation in the value of property in the island of Jamaica is fearful to contemplate. The Falmouth /'est directs attention to the case of a gentleman largely ia tereated in Jamaica property, who memorialized laird John Russell, la to Knglii-h Secretary of State for the Colo uies. shortly before his retirement from office. Me morialist bad been connected with the agriculture of the island since 1794, and " acquired property to the value of ?800,000, the whole of which ho Invested in freeholds, oi on the security of estates which, prior to the Emanci pation act, would re.'.dily have sold for one million of pounds sterling." The abolition of slavery reduced the value of his property; but the writer bating coufidenco in "the honor of the Imperial I'arliament," and in the " ollicial assurance " that protection should he continued, he still expended large sums iit the cultivation of his es tates. The memoiiaiist has now determined to abandon no less thun thirty-one estates, by which "he will la,o the entire savings of a long laborious life;'' and f?r the loss thus sustained he " claims from thwna'ion that com pensation to which every British subject is entitled whose vested interests arc absorbed under the pica of the public good." The Falmouth (Jamaica) rati, in speaking of this and other kindred cases, says:?There is no quarter to which the colonists cau look with anything like a reasonable hope for such aid as would lead to a restoration of pros perity, unless it be to the United States of America, who, \f they can secure, by negotiation or other means, the posses sion of Cuba, would be naturally anxious ami ready, if a favorable opportunity were to oorur, to carry out the policy of annexation to our "isle of springs." Allegiance would, us a matter of course, be a formidable obstacle iu the way of a movement of this kiud, and we would indeed be noriy to see the "star spangled banner" of the mo lern and "model tepublic" waving over tho forts of the colony and over every public building. We are among tho many loyal subjects of the British crown who cxcUim daily, "England, with ail thy faults, we love thee still." We would rather endure any suffering than forfeit our na tionality; but, as careful observers of passing ovents, iie have noticed. with no email degree <f pain. 4 growing disaffeelion to a government which has acted, during the last tenor twelve years, the part tf an unnatural parent, looking on with cold-hearted unconcern, on tho increasing poverty ^nd misery of a people uho are the victims of an unprin cipled policy. We fear that there arc too many of our fellow-colonists who, absolutely ruined by the policy, would gladly avail themselves of any change by which they could better t cir condition; and If Jamaica is not entirely valueless in tho estimation of the councillors of Queen Victoria, they will pursue a coarse of conduct which will check the progress of ilisafToction and bitter hatred. The continued abandonment of estates may lead to evils of no common kind, among which we reckon the inability to support institutions for the protection of life and property. FINANCIAL AND COMMERCIAL. MONEY MARKET. Thursday, Oct. 25?6 P. M. A direful panic reigned in the stock market to day, np to the clove of the second board. Stocks were slaughtered without the slightest regard to prioes or value. The good and the bad indiscriminately were thrown into the shorts or the few remaining balls, at whatever price they I pleased to take them. Af'er the second board the mar ket rallied, and considerable sales w ere made of Erie ami Reading at an advunce of >4 to 34 per cent. Money is decidedly easier to-day. If it should continue to improve the panic may be considered at an end. Most of the stocks eold to-day are those which hive been hypothe cated, and parties have been eomjieUe 1 to sell from their inability to put up more tnaigin. As soon as these stocks full into stronger hands they will regain their proper level. We are informed that the Galena and Chicago company will make a dividend on the first of February uext cf at least five per cent, cash and ten per cent in stock. This they can do from tbeir surplus earnings, besides leaving about ten per rent surplus on hand The idea that this is but a ten per cont stock U ridiculous. The road earns over thirty-five per cent. Ibis vear, instead of forcing their bonds on the market, the company divide but ten per cent cash, or po.ribly fifteen, and the balance is um<1 to complete the road, the stockholders roceivlng n dividend in stock for the ram*. For the past six years the company have paid an average of seventeen and a half per cent per annum. This year they will pay at least wenty per cent, wltli a surplus largely increased. Those who buy this stock at to-day's prices canuot tail>? reap very large profits. ? The sales of storks made at auctitn by Albert R. Xlco lsy, to-day, at the Merchants' Exchange, were as fol lows >.'1.000 Cayuga and Hnsq'a RR. 1st Mort. 7's.,.A int. 80 18.000 Cleveland and Toledo Railroad 7's " 84 '4 1.000 dev. and Toledo RR. (sinking fund) 7's " 77 '4 3,ICO Galena and Chic. I'nion Kit. 2d Mt. 7's. " 62)4 :;0G0 Torre Haute and Alton RR. 2d Mort. 8'a " 78>4 5.000 |,ittle Miami Railroad Mortgages'* " 81 5 000 Little Miami Railroad 1st Mortgage S's. " 80)4 5,000 Michigan Southern Railroad 7's, A Int...80 to 8014 5.100 Michigan Southern Railroad 7's A int. T'\ 700 Atlas Mutual Insurance .Scrip of 1854 21)4 593 Atlas Mutual insurance Scrip of 1864 21)4 26 sh?. Morris mid Essex RR. (increased stock).... 95 20 New York and Havre Steamship Company...... 71)4 16 New York and Erie Railroad 48 >4 20 Fulton lire Insurance Company 83)4 40 New Amstenlani Fire Insurance Company 90 76 North River Fire Insurance Com|>any 158 <4 76 Mechasics' Fire Insurance Cxnpeny 70)4 ?0 Excelsior Fire Insurance Company 98 to 99)4 40 Rutgers Fire Insurance Company 90 20 Rutgers Fire Insurance Company 88'4 40 Reekman Fire Insurance Company 92J4 22 Tactile Mail Meamsliip Company .50 600 1'nlon Gold Mining Company 72 1,000 Gold Hill Mining Company (hypothecated).... >1,14 600 Gold Hill Mining Company $1 >4 60 Marble and Stone Carving Co. (hypothecated).. 23 The operations at the Assistant Treasurer's office were as follows:? I'aid on Treasury account >119.810 81 Received on Trcssury account 137,421 13 Rslance on Treasury account ...... .7.168,969 66 Told for Assay office 8,198 08 I'aid on disbursing checks 76.376 07 Ibe report of trustees of the Rutland anil Rurlington road shows the gross earnings in eighteen months and eleven days to have l<een >639,832 08. The net earnings, however, were but >118,942 98, in consequence of large repairs and renewals rendered necessary by four years' previous neglect. The road and equipment are now in good condition. The trustees owe nothing, but have a fund on hand of >66,903 47, invested in fund ami mate rials. The first mortgage Interest is >126,000, and there Is but little doubt that the net earnings will be sufficient hereafter to provide for this. The commissioners of the consolidated debt of New Or leens will receive proposals until noon of the 26th inat., for >460,000 six per cent bonds of the city of New Or ear. { interest payable in New York and principal reimbursa ble Octobef 1,1892. The following are the aggregates of the returns of the Providence, Rhode,lsland, banks (thirty-eight in number), as shown by their returns of the 8th of September:? Ba.\xso? Trovimmk R. I.. 1866. MaMHKa. Capital actually paid In >13.483 628 00 Bills In circulation 3,310,680 26 Deposits 2,186,618 64 Amount due to other banks 1,(68,000 18 Dividend* unpaid 69.173 42 Net profit on hand 876,161 00 Total amount of liabilities >20,973,063 39 ffisen wires. Debts due from directors >145,284 67 Iiebt? due from other stockholders. 476,846 32 Debts due tr?m all othere 17,681,982 19 Specie actually in bank -'66.395 78 BHlls of other hanks 998,797 54 Deposits in other banks 794,066 99 Stock held by the hank 8'204 28 Real estate 217,322 89 Amount of other property 34,184 73 Total amount of reeourcos $20,973,063 39 The North American Gntta Percba Company are making extensive preparations for the extension of their works, In order to keep pace with the (rowing magnitude of it* bueiners, by which they will be enabled to supply the feWUMU M 8?U M tkf iwmslef dcswmi far priT?t$ u?C*. The sales at the company's office, So. 102 Brotd way, range from two hundred to Are hundred dollars per ''ay- fhe st.pp.g interest is a largo consumer of this company's prodncts, particularly the branch engaged in aliallDg lor military and naval purposes the dernaud is greater than the company can supply. Orders are frequently re sired for Ave thousand of some particular article at a time, requiring immediate fulfilment. The extent of consumption Is astonishing. The lake Superior Jo.trnal of the rtth lust, nays : The accounts froui the mines show a steady increase of producticn. Many mines that were considered doubtful at the commencement of the season have been worked and ue\eloped, showing that they were worthy of tho confidence of the public. The amount already sent below exceeds 3,000 tens. It is worthy of note that most of the copper sent below tbis season, yields a greater i>er cent ol ingot copper, for example, the shipments from the Cop per Falls Mine for 18S4 averaged only about 4ft or 6ft per cent pure metal, whilo this season the average has been 88 to 06 per ceut. Tho various companies arc prose cuting the work as fast as possible, the only drawback at this time beiDg the lack of men. We may safely estimate the amount lhat will be got out during tho coming winter at double the quantity of any preceding year. The Milwaukie American says:? ^ The following Is an extract trom a letter written by a New York grulu denier from this city to a house in New York. It contains ideas and suggestions that will be read with inierest by the trade at large, and may affordsubject for reflection In those times of bread excitement:? A geneial view of tho statoof affairs In produce at tils time invariably brings me to an adverse conclusion as regards buying to anv extent, and also a* regards ad vancing on the terms to which we must generally ac ? ede. The crops are abundant, without example ia the historv of the country, and the wheat, through all the land, is moving from the farmers to tho trade lu quanti ties and at prices that are large lioyond precedent. The trade generally feel strong and confident, having made money for severa1 sea-ons in succession, and having be come accustomed to high prices. The money, the crop, the confidence?all are abundant; and the consequence w ill be an amount of breadstuff's in tho hands of the trade and in transitu, unexampled in quantity and coat, and inferior in quality. 1'iicoa can ne'er be relied on when a Isrge crop ja oat of the termers' hands and in the hands of the trade. It must then tnove forward?it must bo sold. But the case is worse than if the trade merely were loaded to their full capacity?that, may be, and an ordinary crop yet remain back in the hands of farmers? to cut off apparently all chance of celief from a curtail ment of rupply. In this state of affairs nothing can pre vent a disastrous bieak down, except a foreign demand, for a quantity unexampled, at a price unexampled, for an article, as a whole, infetlor in quality to any crop ever before offered bv us, or sought for from abroad. Will such a foreign demand appear? The question naturally reverts to New York for solution, for there the elements of an opinion may be obtained l>et tor than elsewhere in the country. For myself, us at present advl-tcd, I hare little laltb in such a foreign demand at I have described. No doubt there la some deficiency of wheat in F'ance and of rye in Germany, and no doubt the French go vernment, on seeing it, acted the part of true wisdom for France, in making the announcement they did, for the world is moved to supply of the wants of Fran-*. Aro, then, the prices that rule with you the pi ices of a legiti mate and abiding demand* or aro they prices of an infla tion produced by a speculation at once eager and blind? You will not mistake the response to which i sin Inclined ?and yet I may err, a* I often do, though 1 can never Justify mytelf for going r.galnst the dictates of the high est reason based on the best Intelligence that 1 may possess. Should commission merchants, millers ana dealers, before we see the last of the present crop, be ge nerally swept into insolvency, it would be but the recur rence of a state ol thiDgs that we both have heretofore witnessed. The aggregate amount receivod for toils on the New York State canals from the commencement ol navigation, was as follows:? To Oct. 14, inclusive $2,142,110 82 tame period in 1864 2,109,01ft 02 Decrease in 1856 $>7.40ft 20 Stock Exchange. $1000 North Car 6's. 08* 600 shs Erie RK. ..*3 49* 6000 Kile Bs. '75.b.l 85 20 do.... 00(0 Hud R 3d M Bs 72* 100 du t.'i0 50 6CC0 111 Cen RR Bs. 76* 100 do ... .b'X) 50* 6600 do 76 200 do.... 0 50 6000 do 76* 160 do t.'10 80* 6000 do 76* 100 do . 1.20 50 6000 do 75* 300 do . s'!0 49* 2000 Cl.i&K 1 RR Bs CO 60 do 49* 80 shs I'henix Hk... 100 426 do 46* 100 Canton Co... 24* foe do 49* 100 do. . slO 24* 200 do ?>;? 40* 100 do 24 160 do 40* 100 do 24 50 Harlem RR.. 21* 500 do btO 24 100 do blO 22 100 do.... bf-0 24* 150 do 22 1C0 do.... bOO 24* 300 Reading KR.. 80 60 Nic Transit Co... 18* 50 do 88* 60 do 15* 100 do 88* 200 do 16* 600 88 250 do 15* 200 do 88 60 do .... 1.60 16 100 do s'tO 88 20 l'enn Coal Co 98* 100 do.. . .tnwk 88* 26 Chi k Kk I RR... 87* 200 do 1.0 89 23 do 67 lt.O do ? bull 88* 60 do . b: 0 87 100 do . .Ml 89* 26 l'annmu RR. . ,1?:j 102 100 do hiO 88* ? 50 111 Central Rlt. .. 63 1140 do 88* 2C0 do 92* 100 do 88* 11C0 Cumb Coal Co.. 26* 100 do 88* 200 do 26* 200 Hudson River RR 33 910 do 25 100 do 33 900 do 26 60 do 32* 1(10 do 26 100 Mich Cen RR b '0 07 600 do .... 2'6 100 do 95 M0 do 26 25 do 96 ICO do.... 2ft 60 do boO 90 100 do .... b'O 26* 26 do 94* 100 do.... bfO 26* 60 do 94 100 do.... 26* 60 94 100 do .... 4d 26 60 Mlchfo k N la RR 04 1(0 do.... 25 50 do Of* 260 Erie RR 60* 100 93 200 do.... 60* 60 do ha 02* 200 da.... bfl 50* 0(1 CleveanilOittsltR. &8 560 60 200 Gal and Chic RR. 113* 60 100 112* 200 do .... 60 10 do 113 700 do 1.10 60 10 do 111* 49 * loo 112 200 do 40* 700 Cleve & foi RR.. 70 000 do .... 40* 200 do 1.470 71 SECOND BOARD. I.'COO Ohio fl's, 'CO.., 10(1 200 shs Cum CI Co.b3 24* 6000 In Stale 5's.b3 80 200 do *3 '24* 60C0 Missouri 0's... 8?* 60 do 1.10 24* fiOOOIUC KkBs.hJO 76 300 do -3 24* 600 do 76 MCblhRkl RR.... 80 6000 do slO 74 * 6 do 87 6000 do s(M> 74% 132 Gal AChi RR ... 110* 5000 do b10 7ft 400 Erie Railroad.... 49* 00 shs Am Fx Bk.. . lid 200 do 49* 60 Canton Co...b'20 24 100 do b3 40* 100 do b60 24 000 do 40 26 M S & N I l'.R . b.J 91* 100 do blft 40* 100 do bft 91 350 do 40* 10O Nic Trans Co. s3 16 400 Harlem RR... bOO 22* 200 do 14* 100 Reading KR...S3 87* 660 do I >8 14 * 200 do 86* 100 do s0O 11 , 60 Hud Riv RK 32 100 Curab Coal Co.. . 24* 100 Ol ft Tol RR.. ,s3 60 200 do sflO 24 * 460 do 08 300 do 24 * 200 do b3 68 400 do bOO 26* CITY TRADE REPORT. Tnr?f#>,AT, Oct. 26?6 P. M. AfuiR" were in limited request without chang in price*. Hiimmtttith.?The market waa active, and cloned at an advance of about 12Xc. per barrel. The salon embraced about 18 000 a 20,00(J bbis.. including common rt'ate at 9k OBX a 98 T6X; common to good extra Michigan at 98 76 a 99, and other good to extra Ohio and Illinois at 99 a 99 iii X- Ht. I/mis good to choice extra breeds ruriged from 910 a 910 60, and (Jenesoe extra ranged from 99 ,6 a 910 '.'6. Canadian was firm, with small sales at 98 87 a 910, the latter for choice extra. Southern Hour aas tirtner, with sales of 1.200 a 1,600 bbis., at prices ronping from 98 87 a 99 for common to good brands; 99 il* n 99 08 for fsncv do., and 99 87X a 910 60 for extra. Wheat?The market wan firmer, and go *1 to prime red advanced 3c. a 6c. per bushel. The amies embraced about 80,000 a 40.000 bushels, including white da ? dian and Southern, at 92 In a 99 40 for common to chotre quality, and common to prime red spring and winter Western, at 91 86 a 91 90 to 91 96. Hed .Southern at 91 06 a 92. tied Southern Illinois, prims quality, at 92 a 92 03; common red do., 91 96. Corn?The sales r-mblaced about 40,000 bnsbels Western mixed, at 96c. % 96c., with one cargo, equal to96tje. Rye?17m sale* embraced about 8,000 bun,els. at 91 21X a 91 26. (lata *cre*t?ady, with sale' of Bta'e and Western at 49c. a 48r., and 40c. a .'?Or. for heavy Chicago. Cunnc.?lbe transactions were light. 200 hags Rio were sold at 11c. a 11%c., and 200 mats Java a', 14','c. Coma,?The sales rrsched about 1,000 a 1 200 bales, bn-sd upon middling uplands, at about 8XC- a8Xt. fRFMiirm ?There was more animation in ra'es, with a preUjr free inquiry for hipraent* all round. To IJver pool, about 30.000 a !?? (S 0 bushels grain were engaged at 9a. In bulk, to lOd. in bogs. Pome 600 a 800 bales cotton were reported at 5-16d. for compressed. Flour was at 3e. fid. a3s. 9d. At the close shipowners exhibited more firmness. To Ixmdon 15d. was refnsed for wheat, and lfid. a 17A asked. To Havre flour was engaged at 91, grain at 25e, and cotton at lc. per 1h. To Hamburg 60 tons m? man re moid goods were engaged at 60s., and 100 bales of ootton atl',c. The Pea Lark engaged 26,000 bushels rys for Antwerp at 16d. To Rotterdam 60 bales of cotton at 1 %'e., end 600 hbls. Soar at 6e. fid. To California rates were steady at 46c. a 60c per foot, measurement. Hav was steady at 70e. fur shipment. Hiww.?The market has been less shims ted this week, with a light demand to supply immediate wants of the tiade. Pales of dry Buenos Aires, 22 lb*., brought 26e., Montevideo* (2,0001, to arrive from Baltimore. 20?f lb*-, at 26e., and 1,600 Rio Grande. 21 lbs., at 24 We. Ikatiii* continued in good demand, and the advance has been about half cent over last week's quotation'. I.iab was firm, but quiet. Nat at wore quiet, while prices were unchanged. FTkivisio.**.?Pork?The market wee Inactive. Tbo sales embraced 900 a 400 hbls. mesa at 922 90, with somo small lot* at 922 B2X- I'rlme wa* at 9* 62X ? f?? Beef?CounUJ mess and prima were scarce and un changed. The market wa* better supplied with_ new Ver mont and Chicago repacked, ant prieea mr the Miner were at 914 to 81? 60 (latter figure for extra), and at 911 a 917 60 for the latter. I ant?The market was steady, with sales of 400 a 900 bbl- at UXe. sad 12e. Kn x was quiet and price* unchanged. Rpiiws 10 cases macs sold at 90c., and 10 cases nut meg*. at 94c. b" i;a*s ?The market was quiet, and sales confined to Jobbing lota, adding up about 900 a 260 hhda., chiefly common to Air grades, at 6\c. a 7c. There was a transaction in -orne boxes, the pnrtieulara ef which wt did not learn. WmoRgv.?The sale* embraced ahout 909 a 900 barrels y*i?, ?? 4?X?- m4 fltftto him fit 4k.

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