The New York Herald Newspaper, May 21, 1867, Page 8

8 THE COURTS. WUTED STeTES f Before At the opening of the ¢ was a very targe atte Ppremnt, engaved in As there was no case read) present were dischuryed t te vat—W Ef a0. terday morning there «~ of the teal profession atendar of equity cases, go to @ jury, tha ynrors en o'clock thn morning. uNaKL, sing Counsel, Said that when » of the court Ne calied the sot down for fixed days all the to have set dowa, and there was © uumber of cases oa the calendar st of counsel. It woutd bo well il tug attention of the court to apy of a4 have Dol ¥et boon tied, and have them. (ial ou tue calendar ad hedid pot pro- it over anain. (ben adjourned. Judge Shin UNITED STATES COMMISSIONER'S COURT, Before Comn wr Osborn, vue case of the United States va, Demas Barnes, which was fret brought up fer examination some three months and the particolars of which have been fally r iim the Hxrain, wns yesterday concluded by (ho cace belog dismissed by the Commissioner. ‘The » was for slipping dangerous articles without being rly marked, From the explanatory siatement for ce that the omission Lo mark the packages character of the CouLeBta Was pure.y aceideptal, euce Fiveu that the greatest Care and pre- swere always taken by the defendant avd his is particvlar, the Cotomissioner @igunivsed ihe Mr, Josepu Bell uppeared for the goveru- eouptaint meni, ur, W. Button for the defeadant, OVER AND TERPNER, ortant Presentment of the Grand Jary— Condition ef the Prmone and Public lusttutions, Before Judge Miller. ‘The Grand Jury appeared before this court yesterday morning and made the following presentment: — Tho Grand Jury beg leave respectfully to report— Phat in addition to the discharge of the duties gpe- eially imposed upon them, they bave, of ther own Moto, Visited a number of the public institutions and Investigated (heir condition and management as care- fatty as their very Limited time and the pressure of other enyas s would permit, Tho conclusions at whieh they desire brielly to submit to your the peblic. trol of the Cornmissioners of nd Correction, viz, :—The City Prison, . Nurseries on Randall's Island. Luna- tic Asyinm, the Almshouse, Infants’ Burean of same, Feniteutiary, Charity Hospital, Workhouse and the spe- etal bospital for paralytics and epiieptics; and the fol- lowing nuder the contro! of the Commissioners of Police, viz. "House for Detention of Witnesses, Police Head: quarters and 2 number of station houses, . These several institutions will now be referred to in ‘tbe order tn which they are above enumerated.— The City Prison, popwarly known as the Tombs, 1s 3 @isziace to the metropolis, and Bone are more earacst in ‘ng it than the public authorities charged inistration, Its accommodations for pris- Oners are depioraviy insufficient. The number that can Be properly todged in it 48 120; the average number @ctually confined there is 250, and during the summer mootbs, when ihe courts are pot sitting, the number is frequently increased to 450. Five persous are some- times paced in one cell, varying im dimensions from 9 feet by 5 fect 8 inches to 7 feet by 6 fect 8 inches, ‘The moral evils of such @ condition of things are as great as the physical, and both are too shocking to dilate ‘wpon and atmost to contemplate. We are unable to @etect any want of care or attention upon the part of the officers of the prison in doing all that ean be done for jeanlipess wader such unfavorabie circum- twalt does not lie with them, but with the great city which tolerates the continuance of uate provisions for the accommoaation of ged with crime, The boilding, both from its section abd its location, being built upon piles over ‘the pond of water formerly knowa as the Collect, ie una- ‘voidably very damp. ‘The iower er of cells is infested with rats, which come fh through the foil pipes. Their incursions may not be so Boumerous as have been uted in sensational repreve: Bewspaper statements; but we bave the testimony of | ‘one of the Commissioners as to their existence, and as to Qe unsuccessful efforts which have been made, by the introduction of eats and dogs into the prison, to get rid of tnem. And yi are unable to agsent that the Tombs is necossai upheaithy place of residence. ‘The vital statistics certainly do not show it, Of 42,621 persons confined there last year only pinet.en died; and the epidemics which have swept the city bave always Bpared this establishment. Its medical administration fs represented as being most excellent, ‘The Jury earnestly recommend the construction of a ew and adequate prison in some other part of the city 4u piace of the Tombs. During the, first year after the construction of the Tombs was completed, 1838, the ‘verage number of persons confined within ite walls was #0. The population of the city was then only about 900,000 (in 1840 it was 312,852), The Five Points in the dmmediate vicinity of the prison was then the centre of ‘rime. Crime in large and rapidiy growing cities is ‘migratory, and the present centre of crime in New York is remote from where it was thirty years ago. It is now probably west of Broadway, between Canal Bleecker streets, But if, notwithstanding the views which we have presented, the construction of a new Prison is deemed incompetent at this time, we sist that decency requires that at least, the accommodations of the Tombs be extended and improved. This can be done by removing the Court of Sessions, &c., eise- where, and appropriating the entire building to ‘prison purposes, We are informed that suitable rooms for the use of that and the Police Magistrates of the Third Dis- trict asily obtained in the neighborhord, at a moderate expense, If the humane citizeos of New York Much jonger permit the preseat disgraceful condition of their City Prison, the responsibility the shame will De theirs Itis« relief to turn from the consideration of such an institation to that of one presenting in every particular so agreeable acontrast to it as does Bellevue Hospital, We doubt if any other capital in tl ‘world can boast of such admirably situated, arranged and managed charity hospitals as New York possesscs. At Bellevue we did not obtain our information exclusively from commissioners, physicians, wardens or employes, ‘Dus we conversed privately and freely with the inmates, We informed ourselves as carefully as possible about the food, atvendance, sanitary ons, Eee $s nothing that we can speak of in terms other than those of praise. The experience of the late war has caused the introduction of many improvements in ital manage- ‘ment, and in so far as they are applicable toa civil bos pital they bave been introduced at Bellevue. The num- ber of beds here is one thousand, and the number of pa- tients annually treated, medically and surgically, about @ight thousand. The halls, wards, kitchens, &c., are kept yot it is full of ing with every Randall's Island are probably better Known and appre- ciated by our citizens than any other of our public insti- tutions. ceived, and we make all the allowance we saw everything in its hohday children now there is about eight hundred. The Lunatic Asylum on 'e Istand contains about eight bundred patients one, and very inadequate to the accommodation of so a number of . LY ‘The frightful mortality me KO bas already altracted attention. pet centage of death Sceg the foundings "ax, at year, as large ag 83 5-10. plained to us that they are almost always in ved always finves undiminished. It seemed to us that most of the ‘womrts employed to bring up these chiidren on the bot. We are too old and \afirm, and one of these expressed te ‘es the opinion that if more wet surses were empicoyed the mortality would not ve 90 great. The subject is cers The Penitentiary is a model prison in construction, Cleanliness and ventilation, The cells seem small, but ‘we are informed that their dimensions are the same as those of the State Prison at Sing Sing. The discipline to be strict, bat mot unnecessarily harsh. The inetitotions if a very observable ¢ireum- Most of them are under twenty-six years of age. the Charity Hoxpital we can speak in the same of commendation. The most captious person see nothing to fad —re with, When we consider ae camera ner) ‘any of the wards or in any of the building is very remarkeble, The zeal and skilfu!ness of the medi- Appear to be entitled to extablixhed ae conn & mrad for the ed daily Island by ward, and a 8 for the tuition a provement im tue! inen he jury wade rygcareful examinatton of the House for the Detention of Witnesses, in Mulberry street, ‘They found a very ample in respect Of accommodation, "The largest nor Of mmates ever there at any one time tine was one hundred and twenty-lye. Tae pres- ent number is eleven—nine males and two femaies, Ali testify to the suilieiency and the goed quaity of the food, The veutilauen is perceptitty very bad, and should be remedied. Complaint was made to us that there exists no provi- sion for washing clo: hes in the house. Thoac who bi {mends or money ean Dave their washing done onts) those who have neither are cotupeited todo their own washing. The inmates have the privilege of a corridor, @ sitting room and a yard until'nine o'clock in the even- tng, When they are compelled to retire to their rooms, ‘The place is rather a gloomy one for the confinement of those who are not eriminals, and the want of occupation seems to fel) unfavorably upon some of them. There is ‘what is called a library, composed of a few odd volumes of principally javeniie works—imditfercut inteliectual foed for @ matured mind. the proprietors of our daily journals would distribute a few copies gratuitous); to those persons, 4 would be a yood act, It would algo be commendabie if some benevolent private indi- vidual would furnish the institation wiih a collection of ks of travel, adventure, popular science, &c, The jury devoted an entirs evening to visiting a num- ber of ‘the polic ion houses in the city. They saw some of the dest and some of the worst, The best are very coud, and the worst are very bad. Among the for- mer they may class those of the Sixth and Fifteenth sncis, and among the latter those of the Third and Toat of the Fifto situated in , is a disgrace Lo the city and an unmiti- gated noimance, The adjaining building is being torn down, and wost of the ceils are in ® consequent state of ditapidavon. Tho air i9 font almost to suilocasion There et accommodations for either officers or bsolutely mbumaa to imcarcerate a 4 ofertme m sueb a place. on house of the Third precinet, on Chambers street, is not mach better, por is that of the Eighth pre- cinet, on Wooster street, with its damp, subterraneous colis, That of the Fourteenth precinct, oa Spring street, is indifferent enougi in every respect. Theve four aro believed to be the worst in the city. The jury were anxious to see the worst. In thus expressing their dis- approbation of these places the jury do not mean to re- flect unfavorably upon any of the captas or their sab- ordinate officers. Op thé contrary, it appeared to them al! zealous im doing the best they could umsiances. Whitewash and cbhioriae of lime seer to be used plentifully everywhere. In many of these piaces the cell accommodation is very inadequate. We think that there should be separato corridors of cells for males and females. Aa it is, with the indiscriminaie herding togetuer, the night 18 fre- quently pass d in obscene badinage between men and wouwen, with perbaps young boys, arrested fora first crime as listeners or participators. It bs Obvious to us that something should be done in the direction indicated. We think, too, that the cells sbould always be in a building detachod [rom the station house proper, as is the case in the Sixth and Fifteenth Precincts More time and amore thorough investiga- tion might lead to the suggestion of many more im- provements, Attached to every station house there is a lodgin bouse for the houseless poor. Here the shelter of a roof, a fre and a wooden platform to sleep on, are alone furnished. Food is never given, except xt the discretion of the captain, to a famishing mother and children, There are always separate rooms for males and females. Captain Jourdan, of the Sixth precinct, informed us that he has frequently as smaany 0 two bundred applic: tions on a winter's evening. Most of these he is com- polled to tarn back on the street, to seek shelter in some other precinct, or to wander about the streots ali night. It ts asad reflection that 1m this great city, so abounding in charities, public and privaie, there are times in the most inclement weather, when the only means to obtain shelter is tocommit a crime. It seems to us that this subject opens a wide field for judicious private banevo- lence. 1m conclusion, the jury venture to expresy the opinion that such visits as ibey have made may be pro- ductive of creat good, If they subserve no other purpose the: principal authorities in keeping their sabordi & proper standard of efficiency. it is One year since the city since the institutions on the I; teut provisi®ns are he oursery chidren an Ran poo! aubhorities of ‘Bwe!fth cnuiy been establisbod there toh is producing marked isa assist the mates up to and two years had beca previously visited bya Grand Jury. It is respectfully su; that jt be aciaes upon Grand Juries to make these Visits freq ly and periodically, and that it be not left order ¢ Grand Fe fully Tabunited. é MAUNSELL B. FIELD, Foreman. The Court then thanked the Grand Jury for the as- ee oe faithfulness red by them in their Criminal Business—The Cases of Wm, Schne- ble aad John Kune. The case of Wm. Schnoble, indicted for murder, was then called up, and W. Hayne Johnson, the prisoncr’s counsel, appeared and presented to the Court his apolo- syfor bis mon attendance on the 16th inst,, when the caae of his client was called, and some severe remarks ensued touching his apparent desertion of his chent’s interesta, Mr. Jqhnsom stated to the Court that his absence was entirely owing to a sudden and unforeseen prostration from sickness, and bis explanation was ac- cepted as perfectly satisfactory. Mr. Jobnson then took charge of the case for accused, who withdrew his piea of not guilty and entered a plea of guilty of murder in the second degree, which ‘accepted. The prisoner was then remanded until Thursday next for sentence. The case of John Kane, under an indict it for crime of arson in the first degree, t called, oWing to the absence of Attorney General Martindale, was further postponed watil this morning. COURT GF GENERAL SESSIONS. Before Judge Russel. MMPANKLLING OF THE GRAND JURY, At the opening of the court yesterday morning the Grand Jury were empanelied, Mr. John N. Alcott was selected to act as foreman. The City Judge delivered a brief charge, in which he alluded to the fact that the Grand Jury of the Oyor and Terminer, which had just been discharged, was unable to furnish the Court with sufficient business. There were over one hundred and fifty cases to be disposed of during the next ten days, and his Honor expressed the hope that the Grand Jury, ‘would find indictments as rapidly as possible, in order that the Court might di of them during the present term. Assistant District Attorney Bedford conducted the prosecution. LARCENIES AND BURGLARIES. George W. Merchant, charged with stealing $80 worth of jeweiry from Charles Sennot, No. 44 Clinton stree! on the 13th inst., pleaded guilty to an atiempt at g larceny. He was sentenced to the State Prison for two years and siz months. James Hughes, William Kilby and Thomas Gibney, in- dicted for a felonions aseault and battery, pleaded guilty to an assauit. On Sunday, the Sist of March, they struck George W. Sherman, 187 Wooster street, and cut him in the eye with a pocket Knife. At the request of counsel sentence was postponed, Eiten Congrove ‘s domestic in the employ of Anth x) employ of Authon: Biath, No. 210 Delancey who stole $100 worth of tempt at grand larceny. property, which induced the Judge to be lenient Peni- Ventiary one year was the sentence. tb ve J fey | oe ‘Sas McMallen, jointly charged burglary u degree, pleaded guilty to an attempt to commit thatoffence. A man named John Ort ho is now in the State Prison) was concerned in the yarglary, which was ‘upon the premises of Peter Duncan, No. 312 Ninth street, on the 1st inst. The complainant intercefed in bebalf of the boys, and the Court suspended judgment. FALSE PRETENCES, Henry Holmes, an alleged bogus expressman. was in- dicted for obtaining twenty-five cemis from Mrs. J. L. Tepresenting to her that Smith, 175 Sixth avenue, there was to : ‘at pier 13 North river. her eaded guilty to the » but sentence was tin order to stort bin coumel time to ee its of good character im mitigation of puniab- bhaward Watson and George 1g pleaded guilty to petty larceny, they having on the 4th inst. stolen a piece of cloth, valued at #30, from the store of @eorge McLean, 1,241 Broadway. They were remanded for fentence. James McGuire was tried and convicted on of grand larceny in stealing a $100 Treasu’ the office of Julius Werner, 108 Greenwich street, on the 50th of April. He was well known to the police guthorities as being connected with agang of thieves. Jadge Russel semtenoed McGuire to the Sing Sing Prison for Sve years. jote from 4 TRANSACTION IN FLOUR The preliminary examination in the case of the People the State of New York, on complaint of Samuei W. gh, Was resumed yesterday before this court, Samuel W. Leigh, called on bebaif of the complainant end crom-etamined by Mr. Fine, testified as follows ;—I ‘am the complainant in this case against Wm. H. Farrar ‘and Wm. Whitney; I have known Mr. Whitney for fve firm of Whitney & , OD 1,000 barrels of flour; when I sold the Sour Mr. Whitney told mel could have the money ft; 1 him Twoold want it the early part of the next week after he purchased it; Mr. on the 9th of April, at me if I did not want #0 until the next day, the 10th ; I preseated the check to the bank the day * the check was not paid I levin suit for the recovery of the prop. suit was withdrawn; it was against 4 and ‘W. Lewis in addition te Whitney & Farrar; | commenced another suit against Whit & Farrar for the same ‘ Resdirect examination by Mr. Govterit—Refore selling this four te the arm of itney & Farrar, Mr. Farrar ited Mr. Whitney as being a man who owned @ of real estate aud having great wealth bi $7,395, and tested b ted the check to Mr. Will of the oP rts oe and o. one by ¢ defendants’ place of besiness at man counrel for Colonel ir. Farrar—1 was introduced to Whitney by Mr, pies seg ee od Mr. Whitney to be « of , Whitney, and vo be a man of wealth, Benjamin P. Sherman, #worn on behalf of the com examined by Mr. Cotterill, teeufed wh em 8 warciany a No, a7 Soul stroy; on the 29th ef March Me-srs Whitmey &{ Varrar pat ms in possasicn of this ow = theavand of floor epoken of; Wve me an order on Leigh & Brothers, ou (ie Oreen- wich ~treot Muis for it; 1 reoenved i between the 2000 of March and the 3d or 31 af April, and stored it at Nos 23 and 24 South street, with 3 W. Lewis & Co, Ire ceived it as collateral security of an indebtedices to me; they were owing me $21,000; Thad loaned tue money on warohouss receipts; Thad three waretiouse receipts, and gave up one of 90 receiving from Mis. Whit- $1, Cross examined by Mr. Barril—I bave ip my posses sion, as security for the balamee of the indebtedness, some sixty barrels of Bourbon whiskey —imitaten Hour- bon, which ts worth to a whiskey man, I suppose, if the goverament tax was paid, $1 50 a gailon, Henry M. Connett, bookkeeper of the Chemical Na- tiona! Bank, sworn for complainant, testified —I have examined the books of the Chemical Natio find an account kept there in the name ©! ney; the balance in the bank to his credit on last,’ May 18, was $20 16; ihe last deposit made was on the 5th day of April, 1867, of $1,140. Edwin B, Pease, sworn for complainant, testife am the clerk of Yeamans, Jr, of the Greenwich Street Mills; I delivered the 1,000 barrels of four sold to Whitney & Farrar by Leigh & Bros. ; the account shown Ine isa Correct statement of the several deliveries. ‘The farther exumination was adjourned ull Wednes- day, Muay 22, 1867, at twelve M, COURT CALENDAR—THIS DAY. Surreve Covrt—Cracurt,—Part 1—Oyer and Ter- miner--Nos, 271, 945, 951, 1081, 851, 852, 249, 383, 541, 1433, 891, 1383, 1429, 641, 1275, $47, 1103, 859, 1297, 739. Part'2— Adjourned to Wednesda: Surieus Court—SreciaL Txrw.—Demurrers—No. 8, Issues of Law aud Faet—Nos. 195, 199, 156, 196, 201, 129, 210, 216, 190, 216, 219, 183, 69, 136, 149, 192, 206, 220, Sorrwmg Court—Cuammmes.—Nos, 43, 27, 42. Call No. 44. s 10R Covet—Trvi TrrM.—Part 1—Nos. 2919, 8241, 3227, 2625, 3199, 3165, 3160, 2325, 3111, 3095, 2929, ‘SLOT, S317, LLL, 15% Part 2—Nos. 2656. 3508, 2752, be oy 3184, 2032, 3114, 2040, 1490, 3112, 3214, 1428, COMMON PLA*—TRIAL ‘Term, —Part_ 1—Nos. 611, 534. 506, 454, 634, 396, 684, 717, 673, 533, G07, 356, 621, 652, O04. Parc 2—Nos, 504, 493, 1,242. 1,150, 280, 696, 1,198, 186, 285, 663, 722, 608, 708, '295, 702. Ciry Courr, Buooxs.vn,—Nos. 23, 41, 47, 87, 55, 24, 26, $81, 39, 35, 56, 59. CourT o¥ Ses10x3,—The People agaiost Abrabam Stern, indicted on the charge of grand larceny; William L, Handy, bigamy ; Hy Beeson and Theobaid Miller, vio- Intion of the Excise law; Austin Allen, attempted bur- BROOKLYN COURTS. UNITED STATES CIRCUIT COURT. ‘Before Judge Benedict, The Onild Slates vt. Five Pieces of Hose, &c.— ‘This w a case of considorable interest, inasmuch as it 1 ‘the first one that has come before the courts since the new internal revenue law has come in force, which pro- vides not only for the confiscation of the spirits upon which tho tnternal revenue tax bas not been paid, but also the condemnation to the United States of all property in the distillery where the article bas beon manufactured. The case came on in the above court yesterday, before a jury. Wm. H. Hollia for claimant Gilken), BOR for the United States. om the evidence given on the hearing, it ap- pears that the claimant, Gilken, rented the dis- tillery, Nos. 5 and 7 Bergen street, from one Bowdon, in December last, and purchased tne stills, machinery, &c., for the purpose of manufacturing spirits from mo- lasses, Iu February he commenced operations and pro- duced some two hundred and seventy galions previous to April 5, when mr. Vanderwerker, Deputy Collector of Internal Revenue, seized the establishment on the alle- gation that Gilken bad made false returns of the quantity of spirite produced, ag well as the raw material on hand. From the evidence produced by both parties it seems that on the Ist and 2d of April two mashes were set. of, and produced, according to the thirteen inches of spirits; tnat on the fol- sate the mashes from the other charge to the jury, ler the revenue law Panes J or) wich he stated that und of it could be punished by imprisonment in the Staie Penitentiary or by the condemnation of the property of the party offending. He impressed upon the jury necessity of a strict enforc>ment of the law; but while it was of great importance that the law should be en- forced, it was also important ‘an innocent man should not be made to suffer. The question for the jury to determine was whether the claimant bad avoided the law. The present law provides (section 48) that if any whiskey or other article is found in the posses- sion ef any party, with the object of avoiding the revenue tax, it can be condemnod, as well as otber property. If the jury found that the claimant intended to avoid the tax, they must find a verdict for the government. If they found that he intended to pay the tax, they must find @ verdict for the claimant, There was another section in the act, which required that a distiller must keep @ book, in which he must re- cord correct returns of, his business. It was for the jury to decide whether the book kept by the claimant was a correct one. If they found it. was correct, they should not go any further. If thcy find that he intended to avoid the payment of the §2 tax, they mast find a ver- dict for the government. If the book had been correctly kept, a verdict for the defendant must be rendered, case was given to the jury at five o'clock, who will bring in a verdict this morning. nw. jowing cases were made Cc Returns of process in the yesterday afternoon :— United States va. seventy-five barrels blero ‘United States vs. one tin still, &c., seized on the pre- mises of Patrick Sullivan, at the corner of Hoyt and Baltic streets. No claimants appeared, and on motion of Assistant United States Distriet Attorney Allen decrees en- tered condemning the property. T De Case. ‘The argument on the points raised by counsel for Devlin ¢. al, who demurred to the indictments found against them, was to have been heard yesterday after- noon, but as there was already oe matter was postponed until to-day, Judge Nelson, of = Supreme Court bench, and Judge Benedict will pre- side. UNITED STATES COMMISSIONER s cuUNT. ‘The Alleged Interference with a Government ‘The case of Patrick Lawler, who is charged with hay- ing interfered with Joseph G. Hurd, a deputy collector, ‘while the latter was in the act of making a seizure of whiskey at Greenpoint, some time since, was again taken up yesterday, when considerable testimony was attempted to seize a wagon containing three barrels of whiskey falsely branded, when Lawler resisted him and being unable to Scoot his undertaking witness was compelled to desist, whereupon the party who was driv- ing whipped up the horse and escaped in the direction of Hunter's Point. Otber witnesses were e¢: corroborated Hurd’s evidence, Counsel for moved for the discharge of Lawler on the ‘that there was no conspiracy in the matter (lawier) was concerned. Commissioner re marked that he would not bold the defendant on the charge of couspiracy, but added that if the prosecuting officer, Assistant United States District Attorney MoGrath, any other provision of the statute under which Lawler could be held la in him. Otherwise his Bonor said he would have to discharge the accused from custody, An argument ensued as to whether any provision could be found in th Lv piod pepe to this case, and ponding the argument the further hearing was adjourned until the 23d inst, at halt-past ten A. M. Owen Donelly, accused of having illicitly distilied whiskey at No. 58 North Second street, E. D., was yos- terday dischar; by Commissioner Jones, the evidence elicited failing™ to such business, show that he had been engaged im CITY COURT, A Curious Case of Allew y-85.000 D. ea Cl Awarded. Before Judge Thompson. Edward Hammerstein vs, Hugh Gaynor,—In March last the plaintiff was employed by defendant to repair the foof of one of his houses in Pacific near Smith street, On the 13th of that month, after the work nad been finished, both plaintiff and defendant visited the roof for foot as he was walking slong, when he asked the latter if that was mending the roof. Hammerstein replied that he could not have done the work better except over the whole roof, and cowid not be ¢ to do so for the amount which oe had agreed to . A dispute én: a Pisin, Gaynor scized him bythe coat collar und page Ime thi “chuck bim T° Patou te iaged that shortly be to descend the (by means of which they had ascended from the Ho A nee 4 in the yard to the top of the main roof of ing him, On the top of Nucuae Bareoseellee poe eveded to the ladder to the ground, “ charged, pushed him off the roof, and descending w the yard kicked him about the body while he was down, mersiein was 0 badly injured as to be confined to his house for some time, and since that z H i i NEW, YORK HERALD, TUESDAY, MAY, 21, 1867.—TRIPLE. SHEET. of the roof of the outhouse and then heard the latter suout Murder.” afler Hammerstein feli to the yard Saynor kicks im three or four times, ‘The phy: who atteuded the injured man tested as to the nature of bis injuries, stating that séveral of his ribs were bruised and flattened, and that be was feverish andexhausted. A spiinter of the fourth mb bad peneirated tue pleura. Tbe defense was a general denial of the facta stated in the complaint, The deteudum denied that he struck the piaintif!, or threw bim off ths roof of the outhouse, but stated that on (he root of the main building the plautif’ swore at him and caught bold of him, Testi- mony was also iniroduced to show that plaintiff was descending the ladder to the yard when he fell, the defendant at that time being op the roof of the outhouse, cams pees ryrive had beard tee bor Gil mony it that they y Gi say that he had been paid five dollars to testify against Gaynor. Shorily after five o'clock tha jury retired, and returned at about half-past six with @ verdict in favor of plaintiff for $500. POLICE INTELLIGENCE, 4 Reckress THrer.—Yesterday morning an impudent thief, giving hig name as George Gordon, éntered the store of Messrs, Blam, Rau & Co,, White street, and, proceeding to the second floor of the premises, cooly ex- changed pis old coat for @ new one, As Gordon ae- scended the stairs snd was about going into the street Mr. Abrabam Steivam, one of the partuers, discovered him and gave chase. Was oveitakon and arrested by an officer of the Fifth precinct with the stolen coat on his back. Later in the day Gordon was taken before Justice He who committed him to the Tombs for ‘ial before the Court of General Sessions, Atecep Grand Larcany,—A few days since Henry Williams and two other men were found in the unoccu- pied premises 463 Broome street bv an officer of the Eighth precinct. At the time of bis entrance the officer discovered a quantity of lead pipe tying on the floor, and the men were apparently going to take it away, but were disturbed by the entrance of the officer and took to flight He succeeded, however, in arresting Williams, who, om being brought before Justice Ledwith yester- day, denied that :t was his intention to steal the proper. ty, which was valued at $75. He was committed in de- fault of $500 bail to answer, Atecep Larceny or 4 Watce anp Cuaix.—A gentle- man from Cohoes, named Edward A. Sessions, arrived in this city by the steamboat Connecticut on Sunday last, and as the steamer neared the wharf he discovered that his watch and chain, valued at $105, had been stolen from bis stateroom. As the vessel was about being made fast Mr. Sessions observed a man throw the miss- ing watch and chain ina bundle of wool, with the ap- parent intention of concealing it until such time as he coutd conveniently obtain it without fear of observation, As soon as possible the services of an officer were pro- cured and yesterday the man was brought before Justice Ledwith, when he gave his name as- George H. Rice. He pleaded not guilty, but was held in the sum of $1,500 bail to answer, Sreauno a Hawser.—Henry Doran, of the barge Lady Van Rensselaer, appeared before Justice Ledwith yes- terday and charged William Cute with ap attempt to steal a bawser worth about $40. On the night of the 19th inst. the complainant alleges that he detected the prisoner in the act of lowering the property named into a small boat which lay alongside the barge, The ac- cused was committed to answer the charge preferred against bim. Faves Prerences.—William B. Wart, Superintendent of the Institution for the Blind, appeared at the Joffer- son Market Police Court yesterday and charged Winfieid Scott Bard, alias Colonel Colburn, alias Colonel H. Bard, alas Captain Bard—particulars velating to whom were published in yesterday’s Hxnap—with having, through false representations, obtained twenty-one dozen brooms, of the value of $63. The complaint set forth that the acoused represented himself as authorized by General Van Viiet to obtain the articles named; that he himself tenant colonel in the United States Army, and that United States government would pay for the goods which he received. Another complaint was also made against the prisoner for carrying concealed wea- Pons, a large dirk koife or dagger Lavine been found ia possession. Justice Led committed the to answer, ‘Tus BLacKwELt’s Istaxp Arrain—Discnarce or Hen- DERSON.—Matthew Henderson, Orderly of ward Ne. 9, Charity Hospital, situate on Blackwell’s Island, who was charged some time since with undue cruelty to a patient in shat hastening his was discharged Justice Dodge, at the Jefferson ra in the case, however, have been reserved Mr. fan, District Attorney, in order that they may be laid before the Grand Jury, the cont testimony of the complainants being, it is al! a Saesye a nature as jury. may lead wo their being indicted NEW JERSEY INTELLIGENCE. Jersey City. PREPARATIONS FOR THE FouNERAL oF THe Late Ciry MarsuaL —A special meeting of the Common Council was held at ten o'clock yesterday forenoon to make rangements for the funeral of the late Mr. Elli, The procession will move at ono o'clock to-day, and will consist of the Commissioners and officers of the Police ment, members of the Common Council, officers and members o: the Fire Department, city ‘officials, military companies, civic societies and temperance socie- ties, was a member of Fidelity division Sons of Temperance, A Bor Drowxap rrom 4 Tua Boat.—Eddie Water- ‘man, a little boy ten years of age, whose parents reside in York street, was lost from the tug boat G. H. Lapham, near the Battery, on Saturday evening. The body has not yet been recovered. Couusion oN THE Erie RaiLroap.—A collision took place between two trains on the Delaware line, above Port Jervis, yesterday. The particulars which transpired are very scanty, the railroad authorities deeming it an offence deserving dismissal if any of the employés should be too communicative on the subject, Accipest Ox Tae New Jgnssy RamRoap.—The loco- motive of the Newark train which left New York at ten minutes past seven last evening, broke down at the Hackensack Bridge, causing a delay of about ap hour. Hoboken. Fiontinc at Tat Ferry.—About eleven o'clock on Sunday night a gang of vacchanalians, who had been revelling in the Elysian Fields, collected at the ferry and hi ull the Senet Ne ee eight of the Desrsrate Resistance ov 4 Prisoner.—A man named Thomas Corrigan, residing at Union Hill, was charged his mother, a feeble old woman of seventy years, her at times ina savage manner. A war- by Judge White for nis arrest, and Con- to the man’s residence yester- of ii if ig i i kl Accipayt TO 4 Ciancrmax.—On Friday morning « horse belonging to the Rev, Mr. McNulty was being driven through Main street by one of the clergymen of the parish when the horve took fright and ran away, throwing the tong eituce trough the sro, When nena be ‘med ‘or a time unconscious, but was restored by prompt ical ald. conl ‘of which be bad received from the trea- township for the purpose stated, and which was never He still retained the position, and when the funds of township were exhausted, vanced various sums for which he received THE CORIELL MURDER. COURT OF OVER AND TERMINER—NEW BRUNSWICK, N. J. for the Alleged m Coriell at New Market, Middlesex County, New Jersey. Before Judge Yeter Vredenburgh, Bridget Dergan was placed on her trial yesterday in the Court of Oyer and Terminer, New Brunswick, N. J., for the alleged murder of Mary Ellen Coriell, wife of Dr. William Wallace Coriell, at New Market, Middlesex county, onthe 25th of February last, at midnight. At the tume of the alleged deed the prisoner was a domestic in the family Of Dr. Coriell, and the particulars of the crime, as they have been already developed, have creat- od @ feeling of excitement al! through the districts adjoining the scene of the tragedy. The court was opened at eleven o'clock, and soon after it was filled with a crowd of spectators who seemed to take the deepest interest in the proceedings. ‘Thoprosecution was conducted by Hon. George M. Robeson, Attorney General, and Mr, Charles H. Herbert, District Attorney, and the defence of the accused bas been entrusted to the Hon. Garrett B, Adrian and W. H. Leupp, keq, Atabout ten minutes past eleven the prisoner was brought into court amid the deepest silence. Her attire consisted of @ blue silk bonnet, trimmed with scarlet ribbons, anda dark gray cloak, She wore no gloves, and while the jury panel was being called she kept twirling her fingers, She gave fow glances around the court. In personal appearance the prisoner does not present any features of ferocity. She has a short fore- head, long cheeks, and rather smail eyes, the lids now and again shutting over them very closely. She pleaded not guilty to the indictment, After nineteen challenges on the part of the prisoner, & jury was sworn to the case. The names of the jurors areas follows:—John Harding, Peter A. Van De- venter, Syms 5. Gulick, John Van D: George Grant, Jacob Scudder, Abraham = Myrick, Abraham Mesiler, Boa Timmons, Peter 5, Garrison, David Wood, Robert imap. OPENING STATEMENT POR THE PROSECUTION. Mr. Herbert, after reading the indictment et length, roceeded to address the Court a1 Lae substantially ag foliows:—On the night of the 25th of February last the village of New Market, in this county, was tne scene of ® most cruel and inhuman murder. This is no common case of homicide which you are now about to investi- gate. Tue bloody drama which it becomes my painful duty to unfold to you stands without a precedent in the criminal annals of New Jersey. The distinguished Attorney General and myself are here to aid and assist you, to bring before you all the facts connected with this appailing tragedy, whether they make for or against the State, Upon what does the Siato rely fora conviction? Let me briefly and generally state tl of the case which we expect to prove, for that is all I can do in this part of the case, The Vails, Hillyers and Coriells were very near neighbors of Dr. Coriell’, A little after midnight, on the 26th of February last, the defendant, Bridget Dergan, who was in the employment of Dr. Coriell, goes to the house of Thomas Coriell, arouses the inmates and tells them that some one is up stairs at Dr. Coriell’s robbing the house, They direct her to zo to Mr, Little’s, which she does, She there gives al and alter some conversation is adinitted. phe bas Dr. Coriell’s child with her in its night clothes, Mr. Little and Mrs. Little converse with her while Mr. Little is Pe to go to Mr Corieil’s relief. The this conversation will detailed to procured a light, they proceed to the residence of Dr. Coriell. The defendant follows them, The house is dark, The windows and the doors are closed, They enter the sitting room. Nothing unusual attracts their attention except that.a chair is over- turned and broken. Mr. Little opens the door which leads from the siti the of white smoke family ot Dr. Coriell. The night previous it was in its usual previous condition. It was found bent, and the point turned a or ia it was it will be The defendant was seen to go privy about four o’clock on the of the marder; when she first went to Littie’s she bad blood upon ber skirt. It was a clot, bright, fresh, and glaring, so much so that Mr. Litile’s attention was icularly called to it, and when defendant observed he was Jooking at it she concealed it immediately. A skirt of defendant, on which there was a clot of blood, found in her bedroom. The clot was dit front of the skirt, and to the clot were clinging three feathers. One of these is still embedded im the clot, and we will produce to you this skirt in that condition. ‘The defendant changed her clothes several times, sud was seen to put on some garments that morning in the yard. She was washing so! in a basin in the kitchen, while there alone, about four or five o'clock of beri orl Ad agri fled fli UE i es ie i i e i boone distances as made « diagram ‘west part, includ! try, ball, shed and offices outside were offered in evidence by the eae, of Fe Sues quarters 4 mile; J mill; there w also’ mill pond there; the house is north of the mill pond, Cross-examined—The house does not front the street ; It fronts the south; the east the house fronts the road; the house is ten or t feet from the road there is agate connecting the yard with the house: 1 know there are two rooms in the upper part of the house, in the front of it; I think there was a bed in one of them; my attention was also called toa a im one of these upper rooms; I cannot say there was a bed in; Ido not know if Bridget’s room was in the main part of the building; there are two modes of ob- to the house on the north side—one by the office. Powelson examined:—I live in this erty: shop under my diree- be mathematically, but it is (Model offered in ‘ovidenoe} Ere correct, ‘Cross-examined—The diagram did not give the general height of the ceiling, but the average beight, and that by estimation. The court here took a recess till half-past two o'clock, BVENING SESION. slept in @ loose, flowing drees ; 1 think @ dress could not be eonvenient!y put ove it; (dress produced) I saw this dress on my wife on the morning of the day she was killed; sbe had worn i while pasting some peer, in the kitchen which the chil@ had torn off the walls; she had removed this dress be- fore dinner; she did not usually wear this dress; (knife roduced) 1 saw this th 35th of February; on the forenoon to cut some ham with; it was like ordinary knives used for domestic purposes; ’1% was straight ; 1 id not now in the condition it was then; it was used fos meat inthe kitchen; My not know if it was ‘ in a two rooms; sitting with be 4 wife when 1 left bome that evening about three miles out all night on medical business; word was brought to me about midnight of the occurrence at my ‘house; went to the house of a neighbor, Rooney D. Buddan, Where Thad put up my horse; roused him up ana gol the horse ‘and. went home; when I got bome | in- quired for my wife, and they told me that she had beem removed to Isaac Hillyer’s ;jwent there and saw the body of my wife; she was dead; then went to Mr Little's; inquired for the obild, and found her in Bridgev’s ari asked the girl about the murder; she told me two mem bad cailed there about half-past seven in the i ee | and pata ed me; she me Mra, Coriell, tola them had gone, mentioned where. ‘Counsel for the prisoner interposed, and/aaid that whad she bad stated respecting that matter besn reduced to writing by the Coroner before w! yr examination was taken under oath, Parole evi of that could t be given. Ifthe statement given in evidence bys witness as a witness under the objection te le evidence ecting it should be allowed. Pethe Court thonght 1¢ en @ proper question. The wit- ness was only telting what the prisoner said to Dr. Coriell on bis retura home. ] Counsel replied that if the statement of the prisoner was included in her deposition before the Coroner parole evidence touching it wouid ve incompetent. ‘The Attorney General said that the statement before the Coroner would be Pacing Tal the proper time. » Counsel for the prisoner pted to his Honor’é ruling. ‘The witness: bum to say:—The ‘prisoner said the two men would go alter and tind me; she said they re- turned to my house about half-past ten o'clock an@ knocked at the kitchen door, facing the west; there was an interruption at this point of about half an hour in our conversation; after I renewed the cenversation, she said Mra. Coriell told her to go tothe kitchen door, that the doctor had come; that she went to the dvor, an@ that asshe was going to open it, Mra. Coriell hallooed for her to go for the doctor; I asked her if she had gone back in the room, she said not; that she went out of doors with the child; I asked her if they were the same men; she said they were; I asked her how she knew them if sbe did not go back into the sitting room; she said she saw them through the blind; I asked her if she would know them 5 she said he would, ope of them; betore daylight £ asked her how it was that she had the child at tat time of night, as it was not her habit to hav her answers got confused, began to bave some suspicion that she knew something about the transaction; 1 told her that she knew something about the murder, hat did she say to that ? Witness—She made no direct reply to that, I think; parties were there in a after hesi- she did not do it, but knew it; I hed to deal, aud at last she said it was ‘and @ man named Hunt who did it; been conversing when she I asked what they had been doi said they had been talking with Mrs. Coriell; she said one of the men was taller than the other, had whiskers; from Litse’s I went to Ludtow Squires’; ‘that is about one hundred yards from my house; saw defendant on the a Sere, 5, the coroner's ji loft ; and He 4 HF Er Fe 4 i EE i i E; zee Be E i cs i e * BET iH ef 3 € iE PERLE F,35e z F gt A gpm gag Haat wo yer's; Ihave but they are not living; the Baptist church is about one hundred feet from my house; I think Asa Bush came into my ver- ice in April, 1865; he slept at home; my wife was of mediam height and of slender build; she was in good health Ld not physically strong; she the coroner's jury. Cross-examined—When eed came to our house she a she seinen poe had lived at H E in i i a stain the dress. the jail I told the me to make a con! to tell the whole wife that she need did not return by beard it, though ai aod that F would not night mini the lounge, about fourteen feet from the kitchen door; ag Wide Vaid tee thas she Gis. 08 ies, that che Rot suit heron account of her habits, aad boty de and I came to the same conclu- sion; I told her on Friday, when ber month was up, tbat Saas y sy eotet oma ey are go lew : suffered under three attacks of catalepay might sometimes result in Idiocy. ‘ 10-exal I ox; t kitchen ‘was io my wife clothes, fits did not leave Terael R. next wit bya ‘stated that and = bad thought thea asked thoug! voice butchering horses and cattle in the town of Dare where such mischi€ bas veen froquentiy porpe- ‘rated for years,