New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-12-20

| adopted on a division, viz:
Afirmative-Aldermen Moore, Haly Stur.evan,
Royce, Barr, Tweed the President Aldermen Brisley
Smith, Pesrsal, Bard Denman Cornell Doherty-l4
From Board Of AssiS0nts.-A preamble and resolu
ton relative to rendering the inequalities Of the city
Gen Franklin Pierce was returned slightly amended
and was concurred in.
Pditi0ns By Alderman Bard-Petition Of Philip
Farley TO have time allow ed him in the Fire Departm ~
| Referred to Committee Fire Department.
| BY Alderman DISQUALIFICATION Of Robert Wlsoa
and others, to cause croton water pipes TO be la in
Forty sixth-st, between Sixth and Seven.h-avs. Re
| ierred to Committee Croton Aqueduct Dep IT
On motion, the Beard then adjourned to me on
Monday, 10Th inst, at o'clock P. N.
BOARD OF ALDERnEx-Friday Dec. 18TH
Richard T Compton Esq, in the Chair and quorum pre-
sIt Tie minutes Of the previous meeting read Id
peen' Referred OF Joseph Coles Clerk to the CON-
n,s'ontI Of Streets and Lamps for an increase Of .as
AID others against the actual opening Of lothay north Of
Aid sturtevsnt offered preamble and resolution ia re-
laon 20 the extension Of the 6ti and Sthsv rail OsdA-
when be made long and ind speech at the
action of the Common Council, in wing these rllroad
psies great privilege the damage of the c-
tiers living the route Of extension He spoke in
we're terms Of the compas in commencing toe extension
before the aetiOn Of the Common Council became law
and in putting double track in Bsrclayst when single
track was dsngDed in the resolution He therefore asked
| for astay Of proceed ngs IN the matter Of extenfon
AID Ward commence calling the attention Of the Board
10 Ad Sureyants as he termed ~ lnconsstency IN this
end The matter Of the Broadway Railroad, reference
the ntTe,. Of citizens and property whsn
! adjourned 10 Saturday p n. at o'clock
REsEHTEScE OF CLARK AND SULLIVAN FOR
ExEcrTIoN.-Joscph Clark and James Sulyan-ihe
former found guilty Of murder in causing the death Of
police officer in Roosevest by striking him the
head with rung-and the latter for killing young
man by stsbbing at house in which they resided in
Clif.st were brought up to the Supreme Court SIT
urday forenoon, pursuant to its order the ith inst
for rcseDtcnce.
Clark, on being asked what he had to say why SEN
tence should be passed said he had nothing say
any than that he did not intend to kill the man.
sDd If his witnesses had stated the in its
light would haze made different impression upon
the Jury.
The Judge then addressed him sitting that they
were convicted and sentenced in Court Of Oyer and
Terminer-appealed TO this Court which ordered
new trsl but on further appeal to Court OF Appeals
the judgment of this Court was reversed aud re SEN
tence ordered.
The sentence Of the Court IT, that on l1th February
ext you haIl be hanged by the neck till you dead
Sullivan was then asked what he had to say why
sentence should not be pronounced He replied, IL
have got nothing to say about it, only do no; know
how the man killed
The Court then pronounced upon him a similar sen
tence to that Of Clark to be hanged llh February
The warrants for execution were then signed by the
respective members of the Court.
The men appeared deeply anxious and to"feel zen
silly their situation The wife and children Of Sui
van. az before, were in Court.
Judge Mitchell presented written opinion to the
law Of the case The question raised that the Court of
Appeals did not have jurisdiction on account of the
prisoners not being present not having been passed
upon by it. il proper TO direct argument in the case
The Court however, think il is not necessary, on
question OF appeal for prisoner to be present
1t also said on the argument, that the Court Of
Appeals hid 10 right to reverse but to review the
judgment, OF this Court snd on the trial give to
the Jury the law as held by the Appellant Court.
The opinion concludes as follows Nothing
ains for us in this place. but execute the law 1t
il declared by the Court Of last resort As when we
reverse the judgment Of the Oyer and Tcrminer, we
would not interfere with the province of the Jury by
discussing the question whether in fact the prisoner.
were guilty or not 80 now will not depsr. from our
proper sphere by expressing, in til place any opinion
tothe correctness OF the decision OF the higher Court
1t is cur duty 10 obey it, and we do"
I TRIAL OF SAMUEL DRuRY.--Ths trial was
concluded on fdsy, at North Hemp;tes.l, We have
not room for the testimony, which, in fact Is not i'
por,rnt' Mr.. Hacdcn opened for the defense. Mr..
Wheaton asked for the discharge Of the prisoner the
ground Of variance between the indictment and proof
ard cited Chiits 80 He read the record OF the trial
and acquttsl of Moore, WHO was indicted for the per-
jury with subornng which Dnry stands charged
Mr. MADDEN followed by Mr. Wheaton.
/ The ID, trict Attorney in summing uP, pressed the
case for the prosecution with drcctness and force
aud after he concluded the LETT to the Jury
without any recatiston Of tie evidence, and only
brief charge upon the law by the Court They retired
little before Z and al 10 into court unable 10
agree on a verdict The Foreman informed the Court
that he thought there prospect OF their agreeing
end they consequently discharged Ii Is under
stood thet nine for acquttal and three for con
viction The prisoner permitted to go without
bail and the will not be tried again unless some
new evidence comes TO light
70 The Hudson River Railroad Company
lave abolished the Office Of Chief Mechanic as is du'
ties are performed 10y the Superintendent of the Road,
Mr.. Stark.
FATAL RAILROAD OCCURREsCE.--An aged
female named Eliza Cuban, over al 52f ST. at
81 O'Clock Saturday morning 10y down train OF accom-
mediation cars on the Now-Haven Railroad Her body
wes badly crushed and mutiated. She was immedi'
ately taken up and placed in carriage and while being
conveyed TO the NewYork Hospital, death ended her
sufferings 1t appears from statements made to the
Coroner that the deceased walking up the track on
which she saw the O'Clock express train from the
City rapidly approaching, and TO escape from danger
stepped to the other track and was almost instantly
caught by the down train. and injured as above de-
scrhed The engineer i, is ssid, used every effort to
proven, the accident but unable TO do 50 in time
Coroner Ives notified.
Collision on THE EAST RIyER-4 Schooner
Suak-No, far from 2 O'Clock Saturday morning col
Esion occurred between the WILLIAMSBURG Ferry boat