The New York Herald Newspaper, October 7, 1859, Page 1

THE NEW YORK HERALD. WHOLE NO. 8432. ‘THE CONDEMNED PRISONERS AT THE TOMBS, Emterviews with Stephens, Shepherd, Sanches and Quimbo Appo—The Recent Decisions of the ‘There are now four men under sentence of death in this @ty, ali of whom have had stays of execution granted on ‘various pretences. These are James Stephens, who was eonvicted of the murder of his wife by poison; James Shepherd, convicted of arson in the first dogree, in hav- fing set fire to his own dwelling house, in the flames of which his wife perished ; Juan Sanchez, a Creole, con victedj of the murder of his father-in-law ; and, Gnally, Quimbo Appo,a Chinaman, who, in defending himself from the onslaught of three or four inebriated women who had been indulgingiin Whations of bad whiskey in his wife’s company, happened to stab one of them fatally, and was, strangely enough, found guilty of murder for ‘the act. ‘The sentences of all of these were suspended in @rder to have their applications for a new trial de- @ided by the higher Courts. In the cases of Stephens and Shepherd decisions: were rendered by the Court of Appeals at Albany om Wednesday Inst... Shopherd was to Be tried again; Stephens to undergo his sentence. Our reporter called yesterdsy to see the unfortunate men ‘and ascertain how they were severally affected by the action of the Court of Appeals. JAMES STEPHENS. ‘The remarkable circumsiances which have brought about the present position of Stephens are fresh in tho recollection of the community. They serve to point out the unfailing certainty with which, sooner or later, dark deeds are brought to light. A little over a year ago a young man named James Bell, who had but recently arrived in this city from his home in the county Cavan, Ireland, was arrested by the police om a charge of at- tempting to shoot James Stephens, a native of the same county. The ball passed through the lappel of Stephens’ coat, without injuring him. Stephens immediately threw Bimeelf upon his assailant, wrested the pistol from his hands, and gave him in charge to the police. Bell did not attempt to deny the act, but he justified it by Iaiter had poisoned his wife (who was an aunt of Bell’s), and bad seduced or attempted to soduce his (Bell’s) sister, and had striven to tarnish her reputation. These charges, urged by Bell, and repeated by Bell’s two sisters—Fanny ‘and Bophia—were of so grave a character that an exami- mation before a police magistrate—Justice Welsh—took ‘place, and extended over a period of several weoks, dur- ing which Stephens was permitted to be at large, though in the custody of an officer. In the meantime the body of ‘Mrs. Stephens, which had been buried in Greenwood ceme- tery, was disinterred under the directions of Coroner Con- ery, and conveyed to Bellevue Hospital, where an in- quest washeld. It was remarked asa curious coincidence that the disinterment took place on the anniversary of the ‘woman’s death. (She died on 23d September, 1857,) The ‘appearance of the body, after a year’s sepulture, gave con- firmation to the charge. With the exception of the face it was im astate of perfect preservation, and looked—as was ob- #erved at the time—as if it had been salted down with ar- senic. The chemists, who made a partial examination, certi- Bed to the presence of poison, and that fact, with the testi- mony of the two nieces of the deceased—the girls Bell— satisfied the Coroner’s jury, who found a verdict of wilful murder against Stephens. He was committed to the ‘Tombs, and was subsequently indicted by the Grand Jury. The trial, which took place before Judge Roosevelt in Mareh last, and which occupied some three weeks, ended in a verdict of guilty. The prosecution showed that tho fata) illness of the deceased lasted for about twenty days; that the prisoner had been in the habit of administering the modicines to the deceased ; that he had about that time pro- cured some arsenic from a neighboring druggist’s; that for day or two previous to her death he had given her large quantities of laudanum and brandy, and that he had discontinued the services of her attending physician. ‘The symptoms of the illness were shown to be similar in character to those in poisoning by arsenic; and, finally, Dr. Doremus, in a careful chemical analysis, discovered arsenic in the system. There were also some collateral issues bearing on the matter, the principal among which ‘was the attention shown by Stephens to his deceased wife’s niece (Miss Bel!), and the plan which be is said to ave resorted to to prevent her marrying a Mr. Cardwell, ‘to whom she had been engaged. From the peculiar circumstances of the case, and from the respectable position which all the parties held—all of them being prominent members of the Methodist church— there was a very lively degree of interest taken in the trial. ‘That interest was not abated when the counsel for the ac- eused resorted to a very disgraceful expedient to save their client from the gallows. In the course of the tedious ‘trial one of the jurors became sick and unable to attend the court. Counsel thereupon entered into an agreement to have the case tried by the remaining eleven. But they afterwards came before the general term of the Supreme Court with a bill of exceptions, alleging, ‘among other things, that the jurors had been permitted to separate during the trial, although this was done with the consent of counsel. The plea was over- ruled, and the sentence directed to be executed. But the (case was brought before the Court of Appeals, and that Court has affirmed the correctness of the proceedings below. “How do you feel to-day, Stephens?” asked our re- porter, as the condemned man approached the strong grated door which guards the entrance to his cell. He knocked the ashes out of the pipe which he had been smoking, laid it aside, and, putting his face close up to the door, commenced a conversation. Ho said that he did not fee] much cast down about it; that he felt he was to go, and did not intend to make any further movement to avert his fate. ‘But,’ said he, “my blood be on the head of them that brought me here. It will not be on my own head. I was found guilty of two things—the poison- ing of my wife and the writing of that anonymous letter (the letter to Cardwell blackening the character of his intended wife, Miss Bell)—and yet I am as innocent of ‘both as either of you gentlemen are.’’ Rurorrer—Who do you think wrote that letter? Srernens—Well, I don’t know; I have sometimes ‘thought it was one person, and sometimes another. I sent ‘word toa man in Second avenue who I thought wrote it, but he declared that he did not. However, it is not likely ‘that he would confess it if he did. I sometimes suspected that it was Cardwell himself that wrote it, in order te find out whether she was @ proper woman or not. She told me one day that he said something to her intimating a suspicion of her virtue, and Iasked her why she did not marry young ———, who was doing business in Fulton Market, and who was willing to marry her. Well, you know that Flynn swore that I asked him once to direct fetter for me, and he swore that the envelope over that anonymous letter was in his handwriting. That is easily ‘accounted for, because he used to direct her letters for her, and of course he might have put it into one of those ‘envelopes. Rerorrer—Do you think your wife died of poison at all? ‘Sreruxxs—Well, I don’t think she did; she may have shad arsenic in her system, but I don’t believe she had. Doctor Doremus said he found some of it in the bone; and ‘some doctors have been talking to Judge Roosevelt about ‘that, and have told him that it would take years for ar- @enic to get into the bone. They don’t know how long it ‘Would take. She had been sick the same way a couple of Years before. She was always subject to constipation, ‘and would be for several days without a movement of her Dowels; and then after some days her stomach would taro, and after that she would be all right. It was just the same when she was last sick. For the whole twenty days she had no motion, and the doc- tors say that if she had got arsenic it would not have been go. But Judge Roosevelt did not act fairly with me. He took my counsel's bill of exceptions, and struck out every exception that was favorable to my case. I bave him to thank for not getting a new trial, Agoneral conversation ensued as to Stephens’ pre- svious life. His father and four brothers cultivate small arms in his native county, on the Farnham estate. fle $s the youngest of the brothers, and thinks that he {s now about thirty-right years of age. His mother ia dead. If she were not, he says, he would never have been in the United States. He has but one sister, and whe resides in New York. She came out here to him, and now takes care of bis little daughter, who is now about cight yoars old, When he spoke of his child, the poor fellow was much affected. One of his brothers is married to a sister of his deecased wife. They correspond regularly with Dim, and, of course, believe in his innocence MORNING EDITION—FRIDAY, OCTOBER 7, 1859. “( Thave been twelve years in this country,” said be, “and am now thirty-eight years of ago, and I never be- fore was brought up for any offence before a judge or ” magistrate. A couple of sympathizing friends came up and joined ta the conversation. They encouraged him to keep up his spirits, and go through with it bravely. There was yeta chance left in the pardoning power of the Governor. Hoe told them that he would try to bear up against his sad fate like a man. He did not place much hope in the in- terference of the Governor. “At all events,” he said, “it only takes a few years from my life. I would not last much longer than that. People talk to me about the comfort it ie to me to know that I am innocent; but if either of you three were in my place, innocently sentenced to death, that would not be such @ great consolation to you. If I could only live to gee the public mind set right about my case, and to see my innocence cstaBlished in the face of the world. would | be content to go.”” After some further conversation of the same genera! character, our reporter bid him good bye and proceeded to cell No. 4, where poor Quimbo Appo, the Chinaman, is confined, The intervening cell is occupied by Robert 0. Macdonald, under indictment for the murder of his mis- trees, Virginia Stewart, QUIMBO APFO Is one of the liveliest and pleasantest faced denizens of the city prison. His round olive-colored face was boam- ing with good humor as be returned the salutations of his visiters. His person and his cell were scrupulously noat and clean. Remarking how unusually well, for a foreign- er, he spoke the English language, he accepted the oom- pliment and said that he had been for a couple of years the Chinese interpreter in the Court of Sessions. To the question as to whether his wife—an Irishwoman— visited him, and whether they were on good terms, he replied in the affirmative, and went on to bear testimony to some of her good qualities. The princi- pal of these was her good-heartedness. The only difficulty with her was, that she could not get rid of her acquaint- ances. Apposays that he used to talk to herabout the bad habits of her friennds and try and make her discontinue their society , but while she would acknowledge the justice of his remarks she pleaded inability to get rid of hercom- pany. ‘Well, then,’’ said Appo, ‘‘I said we must move, and wo did mo ». We got nice rooms ins respectable house in Twenty-seventh street, for which I paid nine dollars a month, and everything went on nicely there. But after some time we took these two rooms (im the house where the affray occurred), for seven dollars a month. The lo- cation was more convenient for me when I was wanted as an interpreter, and on account of my business in the tea store. But my wife got into her bad habits again, and this misfortune happened.” Some remarks were made as to the utter injustice of convicting poor Appo of murder, while his offence did not certainly exceed the grade of manslaughter, and observa- tions not very complimentary to the intelligence of New York juries and the ability of counsel learned in the law were indulged in. Appo smiled a pleasant good-bye as we wished him a release from his present trouble, and we passed on to the cell of PELIX SANCHEZ. It will be recollected that Sanchez, in a fit of uncon- trollable jealousy with his wife, was ill-treating her, when her cries alarmed her father and mother, who lived in the same house. They ran to the door of her room and opened it, when Sanchez rushed at the old man and stabbed him. The wife and mother fled to some place of safety, and Saachez escaped from the city. A person who aided his escape sold him as a slave in Baltimore, and he was again disposed of and sent further South. ‘Whether through the agency of remorse, or because sla- very was less tolerable than death, he made known his real condition and was claimed as a fugitive from justice. ‘He was tried, convicted and sentenced; but a stay of pro- ceedings was granted, and be has an application pending for a new trial. There is nothing to be wondered at in his being bought as a slave, for he has all the appearance o smart mulatto lad. He chats gaily with visiters, and does not seem to be much terrified at the idca of the ter rible position he is placed in. JAMES SHEPHERD. ‘The next cell visited was that of James Shepherd. Al’ these cells open out on the same corridor, which is on the ground floor of the building. The Warden or some of the chief turnkeys have a large desk in the corridor where they transact clerical business. The place is wel heated by a large stove, and is also well lighted; and a: there are always persons around, the prisoners in these cells need not be very lonely. Shepherd was engaged in reading & newspaper as our reporter addressed him. Perhaps he was spelling out the words in which the de- cision of the Court of Appeals granting him a new trial was stated. Atall events he was in good humor, and re- turned pleasantly the salutation. It is now nearly three years since he became an inmate of the Tombs on the charge of having sct fire to his own dwelling house, a mall wooden shanty, the upper floor of which was occu- pied by himself and his wife , the lower floor being occu- yied by another family. The fire was in his own part of the dwelling. He jumped out of the window, but his wife could not get out, and so she lost her life. ‘The result of the Fire Marshal’s investigation pointed to Shepherd as being himself the incendiary, and he ‘was indicted, tried and convicted of arson in the first de- gree, which isa capital offence. His application for a new trial has been granted by the Court of Appeals, on the ground, it is said, that the fact. of his being himself the owner of the house which was burned affects the law under which he was convicted Shepherd is an extremely excitable individual. The staple of his conversation was abuse of his counsel, whom he denounced as a very bad member of the community. In fact, aceording to his account, the lawyer ought to oc- cupy a place in close juxtaposition with the client. ‘(How is it possible,’’ it was innocently asked, “that you have been here three years and been only tried once? Why the delay?” “‘Allthe lawyer's doings,” he replied, ab- ruptly; “he first got $360 from mo on his promise to get me out; then he brought me paper after paper to sign, telling me to sign it and he would have me dis- charged. In this way he got the trial put off from time to time, 80 as to be able to getall my money. At last he brought me a deed of my house, which he wanted me to sign, making the house over to him. I took the deed from him and tore it in pieces, telling him he was a thief and a robber. Sec here,’’ said he, producing from among some books and papers the remnant of a legal looking docu ment, ‘“‘here is the deed he wanted me to sign. I am glad Idid not tear it all wp, for I will make uso of it against him when I get out of this. But he went to the Recorder’s office’and got my deeds, and sold my property and pocket- ed the money. The first thing I do when I get out of this will be to’have him sent to Sing Sing.” Of couree there cannot be any truth in this statement of Shepherd’s. If there was any lawyer in New York ad- dicted to such practices as these—lawyers that would go to prisoners and under false pretences get hold of their money and their property, and keep all as their compen. sation for defeating the ends of justice—such facts would get to the ears of the Judiciary, and those who indulged in this style of thing woula be punished as they deserve. It cannot be, therefore, that Shepherd’s story is entirely true. Nevertheless, it might be well for some of those philanthropic societies or individuals who call themselves “prisoners’ friends”’ to inquire into the matter, and ascer- tain how the facts are. Queer people do get into the Tombs both as lawyers and as prisoners. Tammany Hall General Committee. A meeting of the Tammany Hall Democratic General Com- mittee was held at the Old Wigwam last evening, and was well attended, both inside and outside the council chamber. A call was adopted for a primary election, to be held next Monday night, for the choice of delegates to a Judiciary Nominating Convention, to be held at Tammany Hall on Wednesday evening, 12th inst.; also to Senatorial Conventions, to be held in the several districts on Thurs- day evening, the 18th; also to Assembly Conventions, to meet on Saturday, the 15th inst. Something was said about the rowdyism at the late Sy- racuse Convention, and remarks were made by various gentlemen scouting the idea that Tammany Hall could be held in any degree responsible for the disgraceful pro- ceedings there enacted. On motion of District Attorney Waterbury, the Chairman of the New York delegation to Syracuse was instructed to get tho delegation together and prepare for publication a statement of the facts in the case, The reprebensivlc conduct of Supervisor Conner in con- fenting to the appointment as Registrare, in a few in stances, of men not of the orthodox democratic, faith was brought up, and Sachem I. V. Fowler and Alderman MeSpedon severally defended Mr. Conner as a sound de- tmocrat, true to his party, and as not having badly erred in consenting to the appointments referred to “under the circumstances.”’ The tnadter was dropped without action thereon, and the Comumitttoe adjourned about ten o'clock, SUICIDE OF A NEW YORK MERCHANT, Mr. Charles M. Lew Shoots Himeeclf ima Fitof Insanity—The Coroner's Inquest—Life and Character ‘The community was startled yesterday morning by the intelligence that Mr. Charles M. Leupp, @ leading leather merchant in “the Swamp,” and one of our most re- spected and esteemed fellow citizens, had perished by his own act. The melancholy event occurred at his splendid residence at the corner of Twenty-fifth stroat and Madison avenue, on Wednesday evening, at about half-past ix o'clock. Mr. Leupp was a man of nervous and excitable temperament, and for several months past has been subject to intervals of great mental tepres- sion. To his intimate friends be had once or twice ex- pressed his apprebension that he was beconing insane. ‘These attacks became more and mors frequentand severe, and within the past five or six weeks they have been at- attended with strange hallucinations, as for instance that bie house was in danger of falling down, that he was the object of some mysterious conspiracy, and that he was watched by policemen. His ‘riends bad become so much alarmed by these manifestations that measures were about to be taken for placing him for a time under re- chases dans nine in the morning until four in the afternoon, Mr. Leupp was at his countingroom, at No. 28 Ferry strect, engaged in business. Thence he went home and took dinner, at the usual bour, with his two daughters. During the mea! Mr. William F. Cook, of Ge- Deva, an acquaintance and friend, called at the house and sat down at the table with the family. Mr. Qvok noticed a singular wildness and strangeness of manner on the part of his host, and being several times urged to remain over night, at last decided that it would be best to accept the imy.tation, Soon after dinner Mr. Leupp went to his room and changed his coat. Not long afterwards he camo into the room where Mr. Cook and the ladics wore in conversa- , kissed his daughters with unusual fervor, and then ned to his own apartments. In about five minutes the report of a gun was heard, and upon hurrying to bis apartments the unfortunate man was found lying on his back stone dead, and the weapon with which hehad slain himself lying across his body. The ‘weapon was a double barrelled fowling piece, which he had been in the habit of keeping in the house loaded with shot. He appears to have gat down in a chair, open- ed his vest, and placed the muzzle of the gun against his breast, and then pulled the trigger by means of the ram- rod which was found by his side, the greater part of the charge entering the beart and causing instantaneous death. A physician was immediately summoned, but of course nothing could be done, except to notify the Coro- ner and the relations and immediate friends of the de- ceased. THE INQUEST. Yesterday morning Coroner Schirmer proceeded to the house and held an inquest, at which the following testi- mony was taken:— Geo. B. Bouton, M.D., being duly sworn deposes and says—I have made a mortem examination of the body of Charles M. Leupp, now lying at this house; I found him lying upon his back, limbs extended, arms by his side, forearm and hands extended over the chest, pre- senting a natural and quiet position; upon his right side was lying the ramrod of a doubie 1 gun, the gun to which it belonged lying on his left side; bis vest was thrown open, but the rest of his apparel had not been disturbed; upon the lett leg of his pautaloons, about the centre of the thigh, were four large spots of blood; I found a gunshot wound in the left side of the body, the point of entrance being immediately above the sixth rib, two and a half inches from the median line, involving tho very exten- sively lacerated; the , and the sixth, seventh, eighth and ninth ribs, posteriorly, were fractured; and the left cavity of the thorax contained a large quantity of coagu- lated blood. The other organs of body presented a generally normal appearance. The gunshot the cause of death, which wound, from the history of the case, the appearance of the body and its surroundings, I infer was caused by himself, he being in a sitting position at the time of its infliction. D. Williamson Lee sworn—Iam the r and brother- in-law of the deceased; he was the husband of my de- ceased half sister; Iam thirty-two years of ago; 1 have been in partnership with Mr. Leupp about fourteen years; during most of the time I have resided in the same house; we were almost always together, and weg on terms of uncommou intimacy and cordiality, like brothers, having Deen brought up together; during ‘the eix ‘years I have frequently observed on the part of Mr. Leupp a tan- dency to depression of epirits, with ding eleva- tion; his temperament was very excitable; I have 00- ticed these fits of excitement and depression ever since last October, and inereasing in frequency, and almost a continuous depression of apirite during the last six or eight months, although a casual observer might have thought hmm cheertul; during the last six weeks or two months the depression was continuous, almost without reaction, and became more and more intense to the end, until the last “ay of his life, when he appeared calmer; 1 last saw him eo eee et business yesterday, when I left tor Frod- bam; I saw hia body about twelve o’clock last night, hav- ing driven in from Fordham on a summons me with his death; during these six weeks Mr. Leupp given evidence of fixed derangement of mind; he was subject to hallucinations of almost every imaginable variety upon almost every subject, without any support or basis in the actual circumstances in which be was placed; Dr. Ludlow was in the habit of visiting here as a friend; Mr. Leupp expressed a suspicion that he was a spy; there was nothing unusual in Dr. Ludlow’s visits; he was an habitual caller at the house, and a personal friend; Mr. Leupp stayed with me most of the time at Fordham; his apprehensions there were the fame as ip the city; he came down one morning un iress- ed, with an appearance of great terror and alarm, and asked me if I thought the house was safe to stay in; he thought it would come down; he afterwards, in a great rain, wanted to remove his children from the house; there was nothing in the house to justify apprehensions on ac- count of safety; his hours of retiring and rising were irre- gular; he would retire at seven and rise at ten the next morning, for example; be was under the impression that he bad organic disease of the heart; woul. request me to feel his pulse six or eight times a day, saying his heart had ceased to beat; he imagined he saw things which he did not see; he was under the hallucination of supposing that he was watched when he left or when he entered by police officers; last Friday he said to me that he should be under confinement very soon; that there were two police- men in the house all night; I had to reason him out of this delusion; he assured me, with terror im his face and sink- ing his voice very low, that they got in through the frout door by a pass key; I saw that be was absolutely insane; he bad afeur of insanity, and said so often; his words were, “I fear IT am going iusane;’’ after the occurrence of Friday, and being satisfied that he was completely insane, I spoke to his friend and physician, Dr. A. V. Williams, et Bioemingdaie, on Sunday, related to him the facts, and expressed my conviction that Leupp was insane; he re- querted me to spend Monday afternoon and evening with him in a friendly but with the object of coming to a medical certainty of his insanity, which from these facta the Doctor thought must be the case; I told the Doctor that ] should immediately place Mr. Leupp under restraint, which, of course, I could not de witholt a medical certifi- cate; there was nothing in the facts of Mr. Leupp’s perso- nal, family, social, property or commercial condition, so far i Tam aware, to justify any apprehension or distress on his part. William F. Cook, sworn, saye—I am 44 years of age; reside in Geneva; am in no active business; have been in- timately acquainted with Mr. Leupp for eight or nine years; it has been his habit to spend considorable time at Geneva with his daughters and Mrs. Lee; am on a visit to New York at present; came here two weeks 3; am a uest of Mr. D. W. Lee, at Fordham; during the ight have seen Mr. Leupp five or gix times, always in the city ;en the day of his death I came to his house about 514 o’clock; was left by the train by which I expected to to Fordham; stopped there for the next train; found Mr. L. at dinner with two of his daughters, and he asked me to dine; I had dined already, but I took’a seat at the tablo and hey go in conversation ; he invited me to take a glass of ale; I said ‘‘your health Mr. ,”? to which he made no ee: he peg ght = ceeds ms was a unnatural express in face; I thought it strange; he said that I had better stop, and ‘urged me to do 80; he then went into the library, and ‘wards returned to the dining room; I then went with one of the y ladies to the garden and collected a bouquet, with which I re- turned; Mr. Leupp in the meantime had been up stairs and changed his coat; he then shut the window violently, und urged me again to stay, which I felt I ought to do; he then went up stairs, and shortly afterwards I went up with the young ladies; Mr. Leupp then went into his room, and the young ladies went to room, where they commenced sewing; Mr. Leupp svon, entered looking wild, and kissed his daughters; he then returned to his own apartment, and in about five minutes I heard a re- port es of a pistol; on hearing this I Jumped off the sota and ram into Mr. ree ty room; bedroom door was half way open; I perceived a strong smell ot powder; I then entered ‘his dressing room; the gas was lighted and a candle burning; 1 saw Mr. Leupp lying on bis back with his feet towards the door, and a gun lying on his left side against his body, with the muzzle towards his breast and the ramred on the left side; I found that bis pulse was gone, and that he was sce ny thug a Thad opportunities to notice Mr. Leupp during the fortnight; his manner towards me was very much changed, and without the slightest occasion; his demeanor was wild and unpatural in the last degree; I was the only man in the house when Mr. Leupp’s death occurred. Alfred Underhill sworn, says:—I know Mr. Leupp in hia lifetume; Dr. Ludiow being absent, I was called to Mr. Loupp’s house about halt past six o'clock in the’evening i came and met Mr. Cook, and with him went to Mr. Leupp’s room; I found him dead; I saw the wound, but did not re- move his clothing; since then Ihave been present at a post mortem examination; the cause of his death un- doubtedly was a caarge of gunshot passing through his Dreast, and nearly severing it, causing instantaneous deat! Shepherd Knapp sworn.—TI was a partner of Mr. Gideon Lee, father of Mrs. Leupp; I haye known Mr. Leupp inti- The case was then given to the jury, who soon render- ed a verdict as follows:— That the deccased came to his death by @ gunshot wound, at his own hand, while laboring under fixed de- radgement of mind. GEORGE T. TRIMBLE, HENRY 8. PIERSON, 0. D. F. GRANT, EDWARD F. YOUNG, P. K. KNAPP, ABRAM M. OOZZENS. ‘CORONER'S CERTIFICATE. ‘This ie to certify that » Coroner in and for the city and county of New York, have, thie sixt day of October, 5 an inquest on the or Charles M. a fifty-two years, native of Term in the one city, thirty-eight yours, Fermbaae a kaoeey gives inter the WILLAM SCuIRMER. ‘The funeral of Mr. Leupp willbe held at his late resi- dence, corner of Madison avenue and Twenty-fifth street this afternoon, at half-past throe o'clock. The remains will be interred in Greenwood Cemetery. SEETCH OF THE DECEASED. Mr. Leupp was a native of New Brunswick, New Jersey, and was, at the time of hia death, about fifty-two years of age. He was of German descent on the side of the father, who was a member of the Moravian fraternity, and deriv d his origin from the Hittle commu- nity of that persuasion established at Neuwied on the Rhine. His early education was not extensive, but in subsequent life his intellect became expanded and developed by self culture, and his mind cultivated by reading and travelling abroad. He came to this city when only fourteen years of age, and became a clerk in the employment of Gideon Lee & Co., extensive leather merchants in ‘‘ The Swamp.’, His uniform goo¢ conduct won the favor of his employers, and he was rapidly advanced, becoming in due time a partoer of the frm, Subsequently he married a daugh- ter of Mr. Lee, an estimable lady, who died about sixteen years ago. In 1888 the firm was dissolved, the older members becoming special partners, and leaving Mr. L, in possession of the buginess, in connection with Mr. John Burke. After atime Mr. Burke retired, and Mr. Leupp has ince carried on the business in company with his brother- in-law, Mr. E. W. Lee. For some years prior.to his death be had beep relieved of the senior labors of the firm, to the great advantage of his health and spirits, maintaining only a general supervision of its affairs, and during this time he indulged himself in various excursions to different parts of the countzy, and even made two visite to Europe in company with Wm. Cullen Bryant, the poet, who was one of his most cherished and intimate friends. On one oc- casion he visited Egypt. Of late, however, the affairs of the firm have compelled him to return to daily and close ap- plication to business, which had been observed to have a most unfavorable effect upon his spirits. He was an energetic and successful merchant, upright and honorable in all bis dealings. He was a liberal patron of the fine arts, affording frequent encouragoment and as- sistance wo native “artista. He poseessed at his splendid mansion in Madison avenue a fine library and an extensive gallery of paintings and sculpture, embracing some of the works of Church, Leslie and other American artists. As a merchant he was highly esteemed and honored for his unswerving integrity and probity. No dishonorable act was ever imputed to him, aud it is said that he died without an enemy. Of his private cha- racter and worth we have the following testimony from his friend, the poet Bryant:— In the death of Mr. se! the community has suffered an essential los. To say of him that he was one of our ablest merchants is to express the least of the commenda- tions to which he is entitled. He was one of those whom bone Sed geserose” teeter, wy’ suuceral 1 man perous r, wi ever; form of Segal ater, ontalr slvanthae? sensitive ‘o diame almost te excess, Pr never to be driven by blame from apy coume wl mind had ‘been much cultivated by and he de- lighted in works of art to the love of which he brought = cy taste almest unerring in ite decisions, and of late him a liberal friend. Hie ier cast, exneodingtanagen ie ts vorceptoes, and ‘no less ae and to this extraord com: sagacky te he waa the sou amiable and goats ot men, snd he leaves troore of friends who sorrow that Whey chall gee big face no more. ‘He was one of the leading promoters of the Erie Railroad enterprise, and formerly one of the directors of that com- pany. He was also a director in the Mechanics’ Bank, in Wall street, in the Tradesmen’s Bank, in one of the in- surance companies, and kindred institutions. He was a regular attendant, with his family, at the Church of the Incarnation (Rev. Mr. Montgomery's, Episcopalian), and contributed largely to build that church. His surviving family consists of three daughters, and his father and two brothers and two eizters are also still living. He has left a large estate—sufficient to meet all his liabilities and leave his children well provided for. The Fulton Bank Defalcation. ‘The examination in the case of William J. Lane, Jr., tho defaulting clerk of the Fulton Bank, was concluded yes- terday before Justice Osborne, at the Lower Police Court. James T. Brady and Robert Holmes appeared as counsel for the accused, while Mr. Burrill was present to look after the interests «fthe bank. Mr. Holmes said that since their last eession the prose- cution had seen fit to make their affidavits fuller and a little more explicit. If there was no further testimony to be addueed, he was Willing to rest the case for the de- fence without calling a single witness. Mr. Burrill intimated that he had seen the District At- tarney in relation to the matter, and that it was determin- ed to prosecute the defendant for for, ay ote the third de- gree, under the thirty-fifth section of vised Statutes, which reads as follows:— Every person who with intent to defraud shall make avy false entry or shall falsely alter any Rees | ip any book of ac- cre ee of weccunts Kept BY tay, such corporailon rls an ‘acco ‘or eilicers and donveres or ended to be elivered to ay per dealing with such corporation by which any pecunt - Tigntion, claim or credit shall be or shall p' Foort 0 ‘be dis- |, dimini |, Increased, , or iu any manner af- fected, shail upon conviction be adjudged "guilty of forgery in third cegree. Mr. Brady—You prosecute under the 35th section and submit the case upon the testimony already adduced. {in that case the defence will rest the case here. We have nothing further to say. Mr. Holmes in making a motion for the bag rpah hind the prisoner, faid the counsel on the other side not chosen the proper section of the statute to insure a con- viction. The legal construction put upon the section made an uttering necessary to constitute an offenc4. Then, ‘again, there should have been a delivery to a third party outside the bank who had business with that institution, in order tbat some pecuniary ob! should be dimi- nisbed or increased thereby. . Holmes quoted from 8d Archibald, page 536, and cited many other authorities ie pe Mr. Burrill, in speaking 1 motion to % remarked that the 35th covered the case exactly. It was forgery to alter books not delivered as well as those delivered. There were two distinct clauses in the rection, one baving reference to ‘‘ any book of accounts kept by any monied ration,’ and the other to the books of any moneyed corporation, delivered or intended to be delivered. As. for uttering, it could not be applied to this section, How could the de- fendant utter res made {in the books of the bank? It was the falsely entering or altering the accounts of the bank which constituted the offence, and if the section was only construed legally, and not loosely, he had no doubt the ends of justice in this ease would be secured by holding the accused for trial. Mr. Holmes made some brief remarks in reply to tho counsel for the bank, and then submitted the decision of the case to the magistrate. Justice Osborne remarked that hy papers carefully, and give his d¢ci in the few days. would examine tho eourse of a city Vad, th Mayor Tiemann and Comptroller Hawes, has made a tem- porary arrangement, as an experiment, with Robert W. Smith, to go into effect on Monday next, to clean all the principal avenues and streets south of Forty-second street twice a week with the street sweeping 68, except- ing those wards where the streets are short, which will be cleaned under the old system. Mr. Smith is to trans- port all the dirt collected by his machines away from the city, and to employ such of the old street sweepers as may be necessary to carry on the work. For such ser- vice he is to reccive a stated sum for each street, ranging from four to thirty dollars. The whole amount’ will not exceed $2,000 per week. ‘This arrangement, if successful, will prove very advan- tageous to the city, and will be @ saving to the strect cleaning account of pearly $70,000 per annum. THE GREAT PRIZE FIGHT. Australian Kelly and Ned Price Have & Out fm Canada--The Fight Decided in Eleven Rounds and Thirty-two Minutes—Price SPECIAL TELEQRAPHIC REPORT TO THE NEW YORE HERALD. Buvvato, Oct. 6, 1859. ‘Two famed pugilists, ‘Australian Kelly,” of New York and Ned Price, of Boston, fought yesterday at Poin Abino, on the Canada shore of Lake Erie, a few miles from Buffaly, in the presence of a crowd numbering a thousaud persons, who went to the acene from the. American side ‘The contest lasted only thirty-two minutes, during which time eleven reunds were fought, and resulted in the com plete victory of the Bostonian, who received scarcely a scratch, wh le his antagonist was sadly mauled. Since the great fight for the championship of the Amo- rican ring, in October last, between John Morrigaey and Jobn ©, Heenan, eo well known as the ‘‘Benicia Boy,” no Pugilistic event has created so much sensation in sporting circles as the present match between Edward Price, of Boston, and James Kelly, of New York; the latter being generally known as the ‘Australian Champion,’’ in con- sequence of his having defeated the acknowledged pugi- Natic hero of that colony, in the longest fight recorded in the annals of the prise ring. The following is a brief sketch of the pugilistic career of these two aspirants for Ppugiliatic honors in this country — Edward Price, or as he is more familiarly termed, Ed. Price, was born in the metropolis of England, but bas been for some years a resident in the United States. He lived at Newark, N. J., for some years, but has for a long time been located at Boston, in which city he numbers a strong host of friends, who are very confident in his pugilistic powers. This hich opinion of his fighting abilities ie founded on the skill and indomitable gameness he displayed in a ring encoun- ter with the well known Joe Coburn, of this city, in May, 1865. On that occasion, although far from being in as good condition as his opponent, the match being. an im- promptu affair, he protracted the fight for three hours and twenty minutes, and eventually bi it it toe “draw,” neither of them being able to boast of any advantage at its termination. This is the only occasion that Price has appeared in the roped arena until the present time. mes Kelly is an Irishman by birth, somewhere about twenty-eight years old, and has figured in the ring ou me ne. coment. a comreesers f be career in England, wi ween, Sod te Sune coaichan Cc uGa Ra ueeenees tao ma victor in three, and the fourth, whic! horn, a well known pugilist, ended pees putting an end to hostilities, founded on bis Mons Hae atm jr named Jona- led as the wastenctenet vantages, both itand weight, as well as experience of ring tte ig In two other priae in that country Kelly was the winner, and subsequently came to reside in New York, where he entered into busi- nese in the liquor trade about two years ago. inten- tion was to retire altogether from ‘the prize ring and de- vote his attention to business, but having been reneatedly challenged by Joe Coburn to a public match, he accepted the offer, and ‘& deposit was staked. This, however, did ‘a8 Coburn forfeited Key, in'a published card, declared the money down, and that any further challenges were useless, as he would not deviate again.from his original intention of giving up all desire for further pugilistic honors. Certain circum- stances, however, transpired which led to the present match with Price being entered into, on the Ist of July last, to fight for $1,000 aside, at Poipt Abino, in Canada. Articles were duly signed, and di its regularly made to the stakeholder, a gentleman in New York. Both men went into active training—Price at Spy Pond, near Boston, under the care of his trainer, Hen Winkle, of this city, and Kelly at Fort Hamilton, in private quarters wel! adapted for the pu under the mentorship of W. iigd London, who had had great experience in such mat 5 Price had the advant of height over Kelly ret and a half inches, asthe sehting weight if about seven pounds heavier than that of his op- Donent—Kelly being five feet eight inches in height and weighing 147 pounds. The latter, however, ie an immense- jy muscular man, and his careful training has developed to the ve highest polnt bi, physical powers. AB a sparrer be ys esteemed, being a terrific right hand bitter, and very quick on his heer ae though he has juently set-to at sparring exhibitions for the benefit of rs, he has always declined appealing to the public on his own behalf, and would not even com- ply with the universal practice among professional a Rg ae asi @ incidental to a three months training prepariien The general public can hardly conceive the physical ex- ertion necersary to be undergone, the amount of self-denial to be practised in the process of training. A rigid and limited system of dietetics, constant tions physical exercise of various kinds, strict tempe- vance in eating and drinking, and a very limited use of liquids of every a, bot even excepting water, are all obhged to be undergone by the aspirant for pugi- listic fame. Of course both Kelly and Price have fol- lowed the usnal routine of training, and both are in the bert possible condition. Kelly, who finished his training atthe Abbey at Lan- singburg, near Troy, where Morrissey took his breathings preparatory, to his fight with Heenan last year, arrived in ffalo on Tuesday morning, and Price also came from Beeston during the day. In consequence of some parties in Buffalo making strenuous efforts to induce the authori- ties to exert the powers of the law to prevent the fight coming off, by arresting the two pri ls while in the State of New. York, it was deemed advisable for both of them to leave the’ city immediately, and cross over to Canada, 60 as to be out of the jurisdiction of the Buffalo authorities. Price took up bis quarters at the Black Rock Ferry Hotel, accompanied by his trainer, Winkle. Kelly algo, with bis trainer, Dan Kerrigan, engaged quar- ters at a house in the immediate vicinity of the place ap- pointed for the fight to come off. The morning trains on Wednesday bronght a considera- ble number of the sporting fraternity to Buffalo from Bos- ton, New York, Albany, Troy, &c. In the evening tho arrivals were considerably increased, and the town be- gan to present a more animated appearance. But it must be acknowledged there was nothing like the interest and excitement visible among them that there was last year the day previous to the fight for the championship. Following are the full details of the affair:— The morning of Thursday broke fine and clear, with a slight touch of frost in the air. By seven o'clock the road to the ferry over the Niagara river was covered with ve- hicles of every description, while two steamboats were extensively patronized in consequence of the cheap rate charged. ‘The delay at the ferry, by reason of limited transit ac- commodation, gave large numbers an opportunity of seeing the pogilist Price, who was quartered at the Ferry Hotel on the Canada side. He appeared to ve in perfect condi- tion, and very confident of winning the victory. His an- tagonist (Kelly) had engaged the cottage near the place of fighting, and had sept a messenger to Price offering him the joint accommodation the place afforded, there being no other house within a considerable distance. THE BATTLEFIELD. ‘The place appointed is within a quarter of a mile of Lake Erie shore, and was near the spot where Lazarus and Horrigan, and more recently Scott and Barney Aaron, fought. It is well adapted for the purpose. The delay usually consequent on the choice of a referee at the time and place of fighting, was avoided by the appointment being mutually agreed upon of Mr. Thomas O’Donnell, of New York, to that office. Price was seconded by John Heenan, the ‘‘Benicia Boy,” and Johnny Mackey, and Kelly by Jemmy Massey and Harry Gribben. PREPARATIONS. Precisely at twenty minutes to two o'clock Price was the firstto enter the ring, accompanied by his seconds and immediately after Kelly stepped over the ropes. Both were received with loud shouts by thelr respective parti- sans, of whom Kelly seemed to have the greatest num- ber. Morrissey was umpire for Kelly, and Mr. C. God- frey, of Boston, for Price. The day was very fine, and about a thousand people were present. The colors of both were very similar—blue, with white spots. Price won the choice of corners, and Heenan selected the one which placed his man with his back to the sun. Immediately after entering the ring, Price and Kelly shook hands, as also did their respective seconds. While Preparations were on, Kelly offered to bet his war] nent five hundred dollars on the fight, and one hundred on the first knock down. He offered to take one hundred to forty that he would never be knocked down im the fight. Even money was freely laid on Kelly’s winning inan hour. Price offered to take Kelly three hundred to hi dollars, that he won; but, Kelly declining to tS caw uneven two hundred was staked betwees them fter a little delay, arising from some ob- pth the foinisof Kelly’s spikes, which the Benicia ‘boy alleged were too sharp, they were consequently filed to the proper point. THE FIGHT. All the preliminaries, being completed the two men ad- PRICE TWO CENTS. — od vanced to the scratch and shook hands, ag also did the reconds, Massey good-humoredly observing to the Benicia. at last let | H E ah th {SBOOND ROUND. great hurry to commence. ribs, aud some good followed. A now en- cautious a their’ bands and inghed at poet smerny ech te wei the oe 4 Ee, iy on rataing lowed, and after the ing that he bad no right to handle his the claim. Ta aoeenionl aauenieaen en Kelly’s corner, and Massey's warning of “ He's coming,’” ve Kelly notice of Price’s intention to work. Kony tom soe miash, Price countping ee tant Kelly clinched, but was thrown, Price administering © Se ne ee YOURTH ROUND. Price feinted, and let fly his left, but the other was away. They met again, and some sparring ensued, laughing, and observing to Massey, who was giving hie man advice, “Jemmy, you're & capital second.” tried his let, but was sloped, and very cleverly svolded Hy an uI cut . Some smart e: Kelp getting borse ou the ribs, but couching' feavtty en the face and body. Price delivered a heavy left- hander on Kelly’s cheek, cutting it open and MIFTH ROUND. Both men prompt to the scratch at the call of time, although they were a little blown. Price was full of con- and pointing at Kelly's left eye, which was in mournin and fast . He led off with the check, ant his rit heavily ou tho bony. at fe- turning on the ribs, but withont seeming to make mnch Per fel B ig My way walhing to bie SEVENTH ROUND. Price bad it all his own way, getting home right and left on his opponentts face, nearly closing the left eye. Kelly was getting very weak and fell. WOGETH RorxD. Price now went in to finish the contest, forcing the fighting in Kelly’s corner. Kelly led off, but was short, fad cy delivered his left and clinched, NINTH AND TENTH ROUNDS. Similar to the last, Price doing about as be Uked, and getting home heavily with both hands. Kelly's left eye. ‘was quite closed, his right in mourning, and his weakness |. His seconts on- deavored to freshen bim ‘cold’ water his head. ‘They brought him up for recat wa ELEVENTH AND Las. Price at the scratch promptly, and caBed to Kelly come up. ‘The former got to werk at heavily on the ribs and lef: eye. Kelly missed his re- tarn, Price being as qrick and the first, and getting +i! away. peeing thst Kelly chance of wining was quito gone it iy ce ning was. as be was geting very weak and exhausted, and gone, whi): bis opponent was without 2 scratch. vigor: ous as over, a8 well es comp etel: vuttighting him, threw up the sponge for Kelly, and Prive was proclaimed the victor. Time thirty-two minutes. It was subsequently ascertained that Kelly bad tained severe injuries, two ribs being broken in the in the tenth round. E Price came off this afternoon, at Point Abino, and was won by the latter in twelve rounds and forty minutes. Kelly was seconded by Harry Gribben and Jemmy Mas- sey, and Price and Maekey. ‘At 1:40 P. M. the men shook hands and stripped for ed one bunch of muscle and the lighter: md more active. offering to bet it that Kelly could not whip him in an hour, ‘but nobody took it. ble sparring; Price, smaling and good natured Considerable 5] 5 4 Kelly seeming cool cs pal al one or two light they cl |, Price throwing Kelly, but getting a Black eye in the tuasel. 4 SBCOND ROUND. ‘The men went bg es work ; after some counter hitting, Price struck Kelly on the left calaun ian first blood; some brisk fighting was then done. Kelly struck Price a blow, which Heenan declared foul, he would claim the fight if it was done ; the decided it was not foul. Price was to his corner by his seconds. Round drawn. ‘ide gana one ¢ two v Some wide sparring one or lows ex- changed ;the men Morice throwing ia '. FOURTH Wi much ado, Kelly but missed his blow, Price dodging quickly and complete- ly; they interchanged some hard blows, and Price backed to his corner; they clinched, and Kelly knocked es ident; Price quite elly came up more con! it; looking not 80 fresh, though smiling; both guarded and iy closed in briskly, and a dozen or two blows ex > Kelly down; two to one offered on Price, with no takers. SIXTH ROUND. Both came to the scratch after merely washing their mouths with water. Kelly led off with a stinger ‘under Price’s ear, receiving one full on the in return; they clinched, and Kelly was thrown heavily. Both came up smiling and spirited; was backed by Price into his corner; Kelly's eye a Price; Price bleeding on the neck; five to two heavy blows interchanged, ‘and Kelly dropped. EIGHTH ROUND. Ave short round; after sparring, less than a quarter ofa minute Price knocked Kelly down. ‘NINTH ROUND. Price improving, and backed Kelly to his corner; clinched , Price ” some sparring they Pecan Price again backed Kelly to his corner; they clinched Price giving Kelly some severe body blows; Kelly fell. This -eisnd'iasted one minute. if Kelly to his corner; afew passes ie till backing to ; = > Price wPrioo knocked’ Kelly down. This Found land haif's minute. TWELFTH ROUND. Price very confident; Kelly more so than before. After- $ ht some hard done, Price some e Kelly "in chancery” and 3g him severely; ‘elly down. Upon time called for the thirteenth round ang cocends came to the centre of the ting’ and threw’ up pee eS ee fight lasted forty minutes. THE LATEST. ‘Theffight lasted twenty-seven and a half, instead of forty minutes. What is described as the second and third rounds was but one, making eleven rounds. At the end of the fourth round Price dropped to evade Kelly’s blow, and was not knocked down. The whole police force of Buffalo was stationed at the ferry to arrest the on their retary, but we hear of no arresta be- made. The fight was witnessed by about seven hun- dred persons. Kelly’s physicians report his injuries to be of a dangerous character.