New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-01-13

49,. ,boro he disturbance had attracted to the
! 80 won, Kennedy managed during the confaion
70 slip out unobserved, snd went away. snto "]
,,ten into the back room where be attended %
| ORA Hosssck and KlbOurne, who prooed the "ounA
| .,d fonnd IL 70 be g: lsast six inches deep,
| and Of very dangerous character. The oiu nsi
struck the lower part Of the spine glanced OF az q"
tered into the body. The physicians were unaoie "
| extract the ball Smith taken 10 hk Tesiisn'7'
| No i63 Greepwich-st Assistant Capt Hu'chih5' was
On duty at the Station House al the tine, sna SOON aD
wen. 10 the residence Of the Chief OF Ponce ana IN
formed him Of what had occurred Both oil tns se'
men then repaired 10 the house OF henneay "a'"
they resrrested and took TO the statcn-Hoa'e' ICE
terdav morning he taken before justice o'Oo'n'
and held for examination. Previous 10 MS reAie' al
ecer had been sent to his house for him. ou' ~ was
rot at home.
The following testimony of Mr. Hopkins proprietor
ofe store was Yesterday taken before the magistrate
| T>uud n HopEins of.No 2l5 West-st- grocer oelh5
,ysorn saws that during the last three weeks ne nas missy
from time from his store "a ntiiies o. I.
were stolen durnR the night time from one 70 eie
tsipg taken AZ time. On sunday night lest ous OoA
stolen and with view TO detect the thsi ne =.
of ms clerks named VIM. Taylor and franknn sn.14 "
,eep in the store which they commenced dong on onaa
night but On that night person inside ms sppe a.
the store Witness further says thst on Iuescsy nkp
he obtained rerission from Wrn Far Of the rm o. ar
Brigrs who keep the store cd dining TO renose P1oH
| Of
crete Inns II in the store Fan Brggs and ses what took
place in his He accordingly removed PorIO1
OF the PARTITION and with his CLERK, Mr. Taylor renamed
ON Jnesday night in the store Of Fan Briggs ABOUT
O'Clock the morning. while Mr. Taylor was Sizing Dy
the opening through the partition and WINE is -
Nj A. who ssid "The thieves have Gomez witness taen
got up and looking through the partition saw ilsnt "a
t store be then told MI Taylor that they naa DEXTER 20
ont of his store through the door leading into
ard 20 around the 10 the font and catch tne ne
then went 20 the of the and saw John y smith
waking there witness then seized Smith and exclaimed,
1--WE have got him." and then called Taylor TO sfe cnars
Of smith, who asked the witness what was the matter;
sylo diem took charge Of smith end witness 20 one
OF the doors in Wesst- and found the same cosd
and unlocked witnes: then took nod o. tne nnOD n
| an alarm and called for otncers; some OF the he'Sn-
bors then came, but witness dd not near any nose ~
wss extnguished witness held on the until fo'
hcenan Charles Ford Of the Fifth Ward came, JUS: pre-
yous which witness heard the report OF pistol wnich
bad been discharged by person to him unknown As
the pistol fired, and before Oeer tord came
thisshG be satisfactorily explained" When the door was
opened VIM. Kennedy came out and then stated taAt ne
when he first Smith front OF his store he had no star
upon his breast aid be stste that he Policeman or
o'clock on Tuesday night he securely ocked the SAID door
that marks Of violence have been found upon IL and
that he believes that il opened by false keys with the
feCnous intent Of carrying away the property IN the store or
portion Of IT, The dect testimony here closed and the
Witnesses being croseKaruined by exBec 1Tder Tail
nsdse, Counsel tor Kennedy the prisoner sad: knew
Mr. Kennedy before, policeman do not know ;hs; he
his post: knowledge OF MIN dd nOs Arse from
seeing him that post was personally acquainted witn
him think was near enough to hear person unlock
the door If had been unlocsed; but nsht NOT nave
been after oiceT Ford came, Kennedy called out let me
out Kennedy" bat be did not announce his name be-
fore the officer came, that ecolect, Kennedy called the
officer by name but did not call me by name while he was
in the store; saw the light in my store MYSELF sew II
first when Mr. Taylor told that the thieves had come
aferward piece of sperm candle in my store, by
which the light produced; 1t standing upon the
head Of barrels had gas in the store and sometimes
also candles when Kennedy came out he had Star his
had
down Frsnkn-st with some boys; that he had found my
door open; that he had put another policeman named
Smith out under shade 10 watch while he into the
TO look out watch he also stated that some Poa
Smith the policeman shot by the pistol which heard
discharged; he was shot in the hip or back.
The cross.examinaon Of Mr.. Hopkins here closed.
and the further consideration Of the postponed
until this afternoon at o'clock when it is probable
that Mr.. Taylor will be called upon to testify The
false key with which the is alleged to have been
opened has not been found. At the time Kennedy was
caught he was Off duty and should have been at the
House obey the call of the Captain in case Of
FIRE, riot any other emergency. Had Smith, at the
time he aresteg by Mr. Hopkins acted the part of
innocent and faithful officer he would have,
atonce, made himself KNOWN and not have attempted
away and, of course would have been shot.
The affair at present looks dark aganst the accused
officers, hut they may, and II is hoped will, be able to
prove their innoccnse.
CRUMBS FROM THE TEA TABLE.-The Al
dernen met on Tuesday evening, and called 70
order shortly after o'clock
petition presented from the propdetors OF the
Eighthsv Railroad for leave lay down double tracks
from West broadway to Broadway, along Canal-st.
AID BoyoE-A single track has already been laid
down in Canalst and 20 the sidewalk that it Is
great inconvenience and injury to the residents there.
Aid. WARp.-From the manner in which the track
has been laid down il il great nuisance an would
not wonder the people became indignant chat they
would rise and tear up the track Such has been done
by the people in the State Of Pennsylvania aud the Courts
sustained the people in the act
Aid CoRNELL-Whateyer has been done In the lay
ing down of the track with the leave and sanction
OF the late Street Commissioner and surprised 10
hear the Alderman of the Fifteenth advocate mob law,
and tell the people they would be justified in rising
against the authorities move that this petition be
ierrcd 10 1t Committee aud that the Commissioner OF
Streets be desired TO look after the laying of the rails in
this street.
Aid PrCK--The gentleman has advocated mob law in
the manner he has done should suppose with view
to having that law put in force against the Broadway
Railroad when the tracks are laid down
Aid. WARD-l have not advocated mob law, but have
advocated tAs law and say again. when any body OF
men take it themselves ID create nuisance in a
neighborhood the people residing there have right TO
remove sach nuisance even by force If force be neces-
ssry and the Courts Will sustain the people in doing
The people did 30 with railroad track in Pennsylvania,
have before stated and they were sustained by the
Courts there, and viii be sustained here satisfied
Permission to put down that track in Canal st.
given by this Board and /; is nuisance and too
near the sidewalk.
Aid. BoYcE-l have object in requiring tina. a
lHton be passed by this Board directing the Street Com
missioner that this track is laid in the middle OF
the street. but 20 protect my constituents who cannot
pursue their usual business or back up cart because
OF this treok.
After few words from Aid. CORNELL, BARD and
TWEED the matter referred 10 the Committee on
Streets.
Aid FRANCIS moved the adoption of the resolution
Nost At previous meeting OF the Board for OF
Lsutons mGjoriiyD TO grant $500 10 Joseph Mount
for saving the lives Of four individuals
Aid. srrsrEvANr did not consider this resolution
would be again brou up, but was be supposed il
would pass bat he was going against il There
were three Mounts who were very active 6remen and
he had At home communication he received which I
stated that the Mount TO whom this $500 was about being
given not the Mount who had been so active hereto
tore though he might have done this particular act he
(Ald. stmtevanD understood this Mount was a very 1
strong powerful man, and should have been glad of an