New-York daily tribune., 1856-09-05

n IL ne i'm Cd
io Il hold tie Cense, they should be relieved Of the
,.stop,bilIty snc expense e uphold the wall
Mr. Marsl all 10 reply stated ths, IN" VA could be
upttd tboui the aid of needles that he had the ce
,ifcste of competent per-"'- to ma effect, which
ho.v,r or re1u, At h. declined showing II sowen s.
M,Nsu,e On the 2ih e Juue, they offered To 20
on src shore up IN bis Say a, their own ,ense pro
vd.d he woulo arSume the risk Of IL succe-s which
ON the Goth B.. refused 10 do. He also stated thai NJ
Trmbe one Of tie persons referred to who tai gwen
lrn cst fese had off red to shore il up scc"rdiaz
10 bs views and take all the responsibility OF los. ana
damage. A. econ ~ they could, they had an ater
v;, vrb Mr. Tumble. when he refused TO take the
iob and e,sume the responsibility, and denied ,bs, he
fsd oaar,d 10 Mr Mar-ball to DO il. Bowen II
MrNsmte then employed Mr.. Timbe an architect
70 no,riI.nc the shorDg up and under pnn ny Of the
w.I according TO the pan Mr.. Marshall h.d sad h.
tso r,conm. nde' a lew days afterward he 81.
lively refused TO go Oh anu suPefin'ena as ne hau
agreed. ~,
on the 2tih OF June, mesSls BOWEN ScNanee
oav. MIR Naisball notice that he had refused the
tec-.,ry license they should expect hin TO uphold the
VAL OF the Tbester, and that they should not be
stopsihle for the result II be did not
fOn tbe 2sth Of June Mr. Marshall answered. g. The
" hc,rse necessary to enable you t. 90 a. f1 dom
into he earth A. You usy choose alonss de aud IN
"c,r the south wal of the broadway rneater has al
"Itsoy been given you, 40 lar as h'd the power 70
"pive H. ard 1T IL uutrue tha have refused any
"%sRt' %sE license 70 you 70 ''p ''4 D'D''4 the
The ase of the Theaterto Mr.. Marshall exoired on
Jdy2 On the 25h. they comneDced excavsi Jus
on lie sre 9Th Of Lis letter OF JUICE 2- and, after hav
ro work. ;, me we've d VS. they -bofed up portion
o The wall They had reached the corner and 20. the
,cr. W. under preparatory 10 making |. firm and az
cure when they were met ny al inj motion. 1t WAS
not temed .nfe to leave the ~au IN that CONDITION.
and netujssio n was asked 10 continue the wok for
nree or f ur hours which could have been done with
out any injury to Mr. Mar-hsll, and tue wall made sc
cure This permission was refused, Mr. Marihsu az
re zane time stating that he expected he wal ~ould
II h "a Az min
hi, wss On Saturday evening Tne Court decided
tla;ttough Eowen McNamee lad Gone al tha' they
{, nd Mr. Marsha had given them no such perm -son
o. tie law contemplated ebd that. therefore, tdey
uust be restraned nom going upon his premises.
Colsedu, ntly on the 10th OF August they agan re-
ouested the necessary license 10 u2hoi the wal at
their xpense aud giving notice that II II was not nc
cordec Mr. Marsha mus, uphold the wall hIIn'eit, or
falling do must b- responsible Tor al losses or
ctmaets and injury TO tsem.
M Marshall i,ured to uphold the wal himself, or
to give them permission 10 Co 70 at their VT expense
He'd he .epted to give then permssi n the Work
would have been accomplished weeks nee, during
tie tine the Theat'r has been clo'ed-anf ot
oour,e without any considerable Inconvenience to Nr
Marshall Tue dtlsy has been greatly to the damage
Of N.4,rs Bowen 4 McNamee, a. their wals which
might have bee built in warm weather must nov be
tut up mid cold and io-t and the occup4ncy OF the
building be deferred fJr at least one seasoo
The public will judge who is mos, to blame IN thli
n after Bowen * McNamee claim to have offered
and to hive done ali tha, could in fairnes have
asked or exp. ted. They declare that au unwilling
ness to allow money to a large amount to be e1torted
from them for the privilege OF shortlng up the
well of the Broadway Tneater at tleir own cost,
rather Than be delay cd in Their building, il their only
ofeIse.
TIE following is the Law Of the State on the subject
of excavation:
Sec l. That whenever hereafter commenced for
qd e a1 Ein't Sg% York the city Boosya
be to oe aIIet 70 ne aep1 oi MOI oe man 'e @
pert souins lord and stad lear the bombay
lie Of such o the person sau,i.s .ue e.ea, ' IL Ts d
arc Otherwise. shall at al times tfom the commencement
uni the cGnple,ion o' 'uon o. ' tb s nv
pro, dstion that -h remain as Stable aS before SHch
eIcsysons were commenced
The remaining wall of the Theater hangs IN n very
m,nacirg condition and the work Of excavation is Of
course Temporarily suspended. The walt- of the
building adjacent the Theater the south began to
crack this mcrrinc badly that the tenants felt com
p LED TO move out TIER furniture Several ia miles
in the r, ar also vacated their rooms.
Mr. Marshall iustifes the course hs has taken by
The cert cae Of five architects who say thst the wall
in question could have been safely supported and pro-
ected without the OF needles or lnterrupting the
business OF the Theser at all and that he only asked
by way of indemnifcstion for the Surrender OF the
premises, the money which he would be compelled to
pay to his company for the period they were thro "n
out of employ.
CRICKET -USITFD STATES w. CANADA. -Tols
great match that was prematurey announced to take
place on the 10th, will off on Thursdiy ard FIJI
cav tie lth ard l2ih ns at Ioboken-a telegraphic
message having been received yesterday from Canada
i1irg the day. Both sides will be very strong-the
Ulied States getting players from Pniladelpha, st.
Georges and New York Clubs
be,p
New.York was fLished yesterday, in favor of St.
Georges, in one innings. Gibbs played beautifully
a, d scored 20 The score stands: St. Georges first
nr ings, li7 NewYork first innings, 50; second in
tirgs. sG-total, 49, This is the first match the st..
G., orge's have won out Of Elk
AsrRosoNIcAL TINE.-rhe Dudley Observatory
Trustees lave proposed to the NeTYork Common
Council to furnish astrsuouical time TO any two city
clocks that may be Designated provided the Corpora
tion will build line Of twcwire telegraph to Albany
The cost of this telegraph will be $1,000.
The AssAULr At MFrRoPoLITAS HOTEL An In
veseat'on in regard to the alleged assault upon Mr.
Samuel C. Thompson, son of John Thompson banker
by Mr. Wsrren Leland of the Metropolitan Hotel, wa
made yesterday before Justice Welsh at the Lover
Police Court. The statement Of the complainant under
oath and that Of witness TO the assault, was as fol-
lows:
Samuel c. Thompson, being duly sworr, depo'es
and says- That about i O'Clock on tuesday evening
be went into the metropolitan Ii tel and engayei 10
conversation with Mr.. Billing, one OF the clerks; he
saw MI. Warren Le land standing near, and asked nun
when be int nded finishing up the affairs of The al
ley Bark Mr. l.. .aid be had said all he had t. say
about i; witness tcld him that he had better TX up
the matter, as i: was making a great noise
in tie newspapers ana would iuJnre MS
Hote. very much, AID advised hin to mske
an appropriation from the profits Of the Hotel
TO redeem the circulation of the Bank; NJ l. Aind
replied that no liked to keep tie Newspaper nois
gong. as 1t was good advertisement for the hotei
he sac further that be had no business with witness
gslc 20 the Bank hut other parties, and 70