New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-01-18

WAS prepared bu. she would imnedistey get supper
ready for him lie then struck her several Vioien'
"a, avs. knocking her down. number OF persons en-
tered the room having been attracted By the noise and
srone Them three men who Represented Themselves 70
10 noIicernep. and these. sided by one VIM Myers
,,o. =, tho vicinity. beat and kicked the deceased
= W., horrible manner, and Myers gave him the last
blow.
Cber testimony wss taken which went to corrooor'
80. ,h., ~. I;,ea One of the witnesses stated,
that on the night the assault was comrniited 'ne 10
ceased fell down stairs twice. Inc case wa, '"7H
submitted TO the jury who came In shorty aisi
o'clock with the following verdict, That joan hine'
came to his death by blow blows on the head ree'
ed on the night Of the 18th inst from aperson or
unkrown-and the jury add that man nsmeu "n'
Myers Ia party concerned il the cause Oh lns oe'1
Of the deceased" The deceased was nah'e oi
Ireland 30 years age Up to late hour last evening
Myers bed not been arrested.
The BURGLARY BIZ TWO PoLIoEsEs.-Jus-
tce Osborne yesterday proceeded TO the resiaen'
John n Smith, No. 463 Greenwich-st one OF the TWO
Fifth Ward Policemen who were arrested iasI "eeH
charged with burglary on the grocery oil Mr. Lenae'
H. Hopkins cor Of West and Franklin-ss ior tne puf
pose Of getting Smiths statement in regard 10 tue cur
which lad 10 his arrest and his being shot
by the clerk Of Mr. Hopkins. He corrooorates In
nearly every particular the statement made by hs as
socate Mr. Kennedy up TO the time the latter entered
the store. This we have already published he then
gays that while standing upon the corner near the
store Mr.. Hopkins came up to him and ssid want
YOU" Surprising that he wanted an officer, said,
What /. the difficulty" He made reply, but said
10 his clerk, Mr.. Taylor, who then came up Arrest
this man." He then walked quickly to the door and
while doing so said TO him. Why officer. -
He paid no attention to this but began crying watch
and seized hold Of the knob Of the door. then made
three steps toward him aud attempted to draw my club
from my pocket, and said "Why what is the meaning
of th Hopkins made no reply but holding on 10 the
door with hand and presenting pistol at me with
the other be said 81 will shoot you you touch me-
IS stood in this position with Mr. Hopkins Taylor dis
charged pistol at me which took effect In my back.
The remainder Of his statement is unimportant He Is
native Of Albany and 80 years years ofage He is be-
lieved to be recovering rapidly.
DANGEROUS ASSAULT UpoS POLICE Or
ricER-A man named Thomas Gragan was arrested
at IL O'Clock on Sunday night charged with dsordery
conduct, and also with assaung Officer Patrick Far
mil of the Fourteenth Ward 1t appears that dis
turbance took place between II and 10 O'clock at the
porterhouse corner of Grandst and Broadway, in
which the prisoner was one of the principals. The
Officer called in TO quell the disturbance when
il alleged, the prisoner struck him powerful blow
upon the head with club. knocking him senseless.
The Officer conveyed to the Station House, where
he was attended by physician. The accused was
taken before Justice Wood and held to bail in 500 to
answert he charge
BnoADwAY RAnRoAD-Superior Court
Before Judge Duer Judges Campbell, Emmett and
Bosworth being also present..
The following Is outline of the remarks on Saur-
day. of Messrs. Van Buren, and Field on the motion
(by former and associaes) for attachment against
tain members of the Common Council for violating in
junction, and by latter inoppositon to the motion
Mr.. Van Buren, said the proposition he set out with
was that the Court has jurisdiction over Corporations
as well as over natural persons We made the appl
cation against those persons in their separate capac
tes-altbough against the Corporation generallyrfor
gross breach Of trust, aswe supposed refer to the
resolutions which they passed in regard this matter
will not detain the Court by commenting on the ex
treme mproyidence of the conditions OF those resou
tons and the great license given to certain individuals
because the question does not arise on this motion
make this grant, and the acceptance Of by the or antees
was in violation of the charter inasnuch az no grant
of the kind be made without the assent of the
Mayor This was not a legislative act. but mere
grant the 18th resolution providing TO the grantees
accepting it, and is different from the usual ordinances
Ii has Of the forms about il of legislation. But
whether il was a law not for the Court on the
application for Injunction to judge, and its order
binding until should be vacated Cowan's Digest will
chow the distinction between Corporation and the
power Of a Legislature. Mr. Van b. read the pas
sage He also read the resolutions against the Court
after the order OF injunction, presented by Aid Sturte
want, aud made strong and severe comment Theonly
legislative authority the Common Council have is Incl
dental clement to their executive powers as
given by the charterany law that they have power to
make is subject to very great restrictions and control
by the Courts The charter shows how consonant the
restrictions as to making bylaws, keeping them
within corporate limits They cannot do an oct without
looking their charter and they do not find author
iiy there, they must so to the Legislature for it,
This matter in relation TO streets does not be-
long to the Common Council The ninth section Of
the act (or charer of ls49 provides for the esabh
ment OF City departments and the twelfth section gives
certain powers to the Street Department among which
is to open and grade streets, &c and If there is any
authority this point 1t belongs to the Street Depart
ment The heads OF those Departments elected by
the people, although subject to extent to the Com
mon Council, as seen by section twenty Zone Of the
charter The Court viii see the precise division be.
tween the Legislative and executive powers Of the
Common Council, and Cannot consrue this grant into
legislative act. the Common Council can come in
and usurp the powers ofthe Street Commissioner they
can in the same way, usurp the authority of the head
Of any of the other departments, and M the safeguards
made by the legislative and executive departments be
Get al noueht.
twill be seen, by Kidd on Awards that no grant OF
property can be made without the assent Of all the
members of a Corporation
Mr.. Van D. alluded 10 the extraordinary conduct OF
the Common Council in attempting to grant away from
the City to few individuals such valuable privileges as
are here contemplated, without the sanction of the
Mayer who is at the head of the City, and the efforts
they made TO get nd of the necessity of his concur
renee.
The injunction, Mr. Van b. said, was properly al
dressed 10 the Corporation and imperative on all
H. n,emhsfs agepts atfnrnexs ronnseilors e..