New-York tribune., 1868-05-05

Freeman Thomas Mullody, and Michael Ryan From tho
effects Of this shot, which was fred by MuiadyJ Frazer
Freeman. Mullady and Ryan, which are stil pending.
The personal representatives OF the deeease also sue he
under the statute for having caused Col Frazers death
by their wrongful act, at 5000 The plahtHs placed
that on the 5th Of July 1865, he was In the employ
Of Freemani that On that day he ana kyn s lnia de-
chinery into the cellar OF No ls6 fulton that after
10 say that he shot the deceased, but said that what be
did done In scdcense. It appeared that Mull4dy
with Mr. Freeman in conducting his defense ana that he
thought Mr. Freeman was trying to get hia out OF the
State. The case Is still on
In the United States Circuit Court, Southern
District In the case OF The United States ag 10 barrels
OF smoking tobacco, found al the tobacco factory OF
ant Deputy Clerk John Shields aud claimant appear
ing for tho tobacco It condemned by default. The
yesterday and the testimony for the Government was
concluded Elizabeth Bergen Louisa Genet, Mary Bng-
ment. The three hrstnamed are the daughters
OF Jonas Atkinson. the convicted counterfeller and
their testimony mainly c0rrObOratye OF that OF Mar
garet Atkinson, Jonass wife, who had testified to seeing
defendant engraving counterfeit plates, 40 Col Woods
ant is accused Of counterfeiting is counterfeit one
Counsel for the defense in opening sad Defendant Mas
ere the conviction Of defendant in order to smooth the
way for application for the pardon OF Atkinson Tes-
timony then introduced 10 show that at the time
Margaret Atkinson defendant engraving conn
terfJt plates In Brooklyn defendant actually at s
own house in Yorkyille. Testimony also given to
show that defendant unable engrave certain parts
the counterfeit plates that lie is accused OF engraving
The case Will be resumed this morning.
The case of Cornelius B. Y. 0strander and
others against the Corporation Of the City OF NewYork,
matter OF the contract for laying the Ncoson
pavement in West Twenty-seyenthst, came up In the
Special Term OF the Common Pleas The plaintiffs, FOR
themselves and other property holders on the line " inc
street named briDs suit TO restrain the execution O the
contract for so paving that street which contract was
authorized by resolution of tine Common Council last
February over the veto Of the Mayor The compliant
sets out that the NicOson pavement being patented
matter tho contracts for laying 1t had not been
and could not have been open to competition, as
such contracts required TO be by the charter and
that therefore any such arrangement as had been made
be yOd. The complaint further set out corruption
in the Common Council and that the members thereof are
contrary TO the statute Interested in the contract Then
followed various allegations to tho durability expense,
&C OF the pavement itself. The case came up Oh mo-
uon to strike out these latter portions of tho complaint
Irrelevant (suCA matters being exclusively WITHIN the
discretion OF the Common CounciD and TO make the frst
part more definite by giving names dates, &c. MI
Dean, the assistant Corporation Counsel IN arguing IN
support Of the motion, cOcnded that, admitting the
whole OF the complaint, the plaintiffs had not made out
case that ADVERTISEMENT for bids only required
where there possibility o bidding; and n members
Of the Common Council corrupt, 1t was ground Tor
Furnishing them dyidually but II did not myalidate
their legislative action The Court reserved its decision