The New York Herald Newspaper, December 8, 1868, Page 8

8 i NEW YORK CITY. THE OOURTS. UHITED STATES CIRCUIT COURT. The Watson, Crary & Pike Whiskey Case, . Before Judge Blatchford, rhe Vnited States vs, Thirty-cight Hundred Gar Yons of Spirits.—This 18 one of the many whiskey Ping.cases which the Internal Revenue authorities have on their books for prosecution and submission to the United States Courts of this district for adjudi- cation. The prosecuting officers in this case seek the forfeiture of 3,800 gallons of distilled spirits, the cistmants for which are Messrs. Watson, Crary & pike, rectifying distillers, ‘This property was seized at the premises Nos. 171, 173 and 175 Christopher street, early in the month of February, 1868; these premises composed the rectifying establishment of ‘the above named claimants, and were seized by the orders of Collector Joshua F, Bailey, of the Fourth Collection district in this city, for an alleged viola- ‘Won of the Internal Revenue act. ‘Thefacts of the case as they were to be put in evi- dence were stated briefly and lucidly by General Hubbard, associate with the District Attor- ney for the prosecution. Counsel, in order to enable the to understand the legal points in the case, brat mola in 1862 pa ar a ee a tax of two dol @ gallon on all ed spirits, This tax was got made payable at the place of distillation, the anufacturers having permission by the law to send ¢ spirits manufactured by them to a rectifying dis Ullery, to be there pi for market. lt was com) ph however, on the distiller to keep & book pet forth the quantity manufactured by him, the lon-of the place to which it was removed, sothat the government could at any time and in Fa Fees trace the spirits to wherever removed, and ive to the government security for tl ment of the tax at the place of sale. te whom spirits are sent is compelled also to keep Dooks setting forth the quantity, “rom whom pur- ehased or received. The spirits must be inspected and branded before going to the rectifying place; when rectified the iaw requires that the identical spirits shailbe returned to the bonded warehouse and reinspeoted for the purpose of ascertaining that the proper amount or quantity was so returned. The section under Which the spirits in question were seized prevides that every rectifier or whoie- pale dealer in distilled” spirics shall enter daliy, in books kept by him for that purpose, under ch rules and reguiations as the Commissioner ‘of Internal Revenue may have prescribed, the num- ber of proof gallons purchased or received, the names of the parties from whom purchased or fecetyed or the number of proof gallons sold or delivered. The twenty-fifth section, providing for the forfeiture of goods seized for violation of the twenty-sixth sec- tion, was also read to the jury, Counsel closed by stating that in February, 1868, Watson, Crary & Pike- carried on business in Christopher street, at the nu ders designated; that they did not enter in the books, as required by the law, the spirits received and rec- tifled by them, the dates atwhich the spirite were received or the names of the parties from whom re- ceived; that the spirits seized had not paid the tax and therefore became forfeited, together with all the other property of whatever ktad found on the prem- Counsel then proceeded with te examination of witnesses. ‘The first witness called was Hampden Waidron—ia Fesruary, 1868, was ip the employment of Collector Joshua I, Bailey loyed by Mr. Balicy as keeper on several occasions; membered the seizure of the rectifying premises: 171, 173 and 175 Christopher street; Was placed in oharge, with two other officers, of the premises after the seizure; the property given in charge were the Premises in question and their contents, consisting Of some fifteen or twenty barrels of wine, a large number of empty barrels, a corsiderable number of ‘which had brands on them; boilers, an engine and all the appurtenances of @ rectifying distiliery as far as be knew. Q. Were there any books seized there, or given to you in charge? A. No, sir. ‘The wiwmess was cros¢-examined, but Kothing im- portant was elicited. « penn cf Cpe’ patsy ip May took an in- e js seized in the rectyfying pre- ‘mises referred to. (Inventory handed to wines) ‘Tiris was objected to by Mr. Ciinton, counsel for = claimants, unicss the inveutory was first put in idence. ) Counsel for the prosecution withdrew the paper, ‘04 witness answered from his memory. ‘Witness—There were a quantity of barrels there marked and filled with French spirits, two stills, a large fot of empty barrels, some of which were branded, and a quantity of mash tubs and oiler.ar- ‘ticles used in rectifying distilleries, ‘The inventory was then put in. Cross-examination—This inventory ie in my hana- —- two other parties assisted in taking the in- ventory. ‘Nothing important was elicited in the cross-exam!- Ration of the witness. Peter Nelson—Knew the rectifying premises in Seacce knew the place since January, 1867; car- ‘on the business of a licensed distilier in Broad- ‘way, between Fifty-fourth and Fifty-fifth streets; carried on the business there from the 1st of Febru: ary until May; was in partnership with Mr. Stewart, ‘who also kept a wholesale be. store on Caristo- pher street, ite the rectifying distillery. Q. Did you take any distilled spirits from your @istillery to Watson, Crary & Pike's rectifyin; bere ut bey A. I did, delivering the irst io! e 10th of February, 1867, ‘This answer was objected to by counsel for the @aimants, who moved that it be ruled out as not ‘apphicabie in a caseor trial of “rem.” The prese- cation, he argued, must confine itseif to the charges ‘and matter specifically set forth, The witness is mow talking ef spirits moved in February, 1867, and ‘the seizure of the spirits in this case was made in February, 1868. General Hubbard—1_ propose to ehow that witness delivered the spirits at Watson & Crary’s place,.and shat no entry was made thereof either as to quan- tity, trom whom it was received er the:time or daie of tts receipt. Question and answer admitted. Q What quantity of spirits did you deliver from your distillery between Fifty-fourth and Fifty-fifth Streets, at Watson & Crary’s place A. Ln the heigh- § borhood of 4.000 gallons. Q. How did you convey all this spirits there? A. In = ba wagoD—a grocers’ wagoncovered with ry Q. How did you deliver it? A. I drove it down ip ‘the covered wagon, and then rolled it in, Q. What was then done witn it? A. lt was then dumped into receiving cistern in the rectifying piace; Igeneraliy took the barrels back with me; sometimes the’ barrels.were branded and semetimes they were not. @ Did you make a return of the quantity of spirita Gelivered by you to Watson & Co. to anybody? A. ‘Yes, I used to tell the bookkeeper at Stewart’s, over the way, every Ce | the quantity I delivered on each occasion; Stewart sold the whiskey to Watson & Crary first at $1 50 a ea, but drawing towards the end they only $1 30 a gallon. Q. Had you ever any conversation with Crary about the dettvery of the spirits? A. Yes, he talked to me about it and said to me, “You must be cure- ful and not be catched;” this was one dayewhen I ‘was Gelivering spirits at their place. @ Had the spirits that you delivered In this way ever been in bonded wareliouse or paid the tax? No, ir, It never paid tax, Gross-examined—This conversation, when Crary told me “to be careful and not be oecurred ne morning in February, between eight and nine o'clock; that was the hour I usually drove down ‘with the whiskey; the conversation was not st the rectifying place: it was at Stewart's; have seen the checks paid for the spirits by Watson & Crary with Stewart; knew also from Stewart that Watson & rary paid him in checks for the spirits I delivered; Gid not remember the amounts or the dates of payment; witness’ name did pppear on any of these checks; kept @ book in hich was entered the number of gatlen# sold to ‘Watson & Crary, and the bookkeeper would alse enter the number of proof galions as returned by ‘Watson & Crary; no tax was paid on this whiskey: gold some whiskey in bond; tink eold some whiskey in bond to Pike & Co. q. Were entries made in your book of what Stew- art sold in bond? A. No. Q. Did you keep @ distillery book? the book. Q. What did you enter in that book’ A. I entered bow much molasses was fermented and how much Whiskey was ran off. Mr. Courtney objected to the question and answer and they Were raled out by t Q. How many gations per week cv your establishment? A. Yes; I kept the a dist! at Objected to. ‘The Court—There can be no legitimate object for the question. Did counsel wish to show the extent of frauds commitied on the government by this dis- Ullery Independent of tis transactions with « Crary? That, however, would Lave nothing to do With this case, Mr, Clinton, for the ciaimanta, argued that they had Argit to Uke Question and answer in several pects of the case. First, to show the capacity of still, with & lew to determine whether or not witness could have manufactured the quantity says he deliwered to Watsou & Co. within the time fled for euch ce Secondly, they hada Fight to show the oriminality of witness on across €xatoination, in which # wide latitude Was always allowed in & prosecution of this kind. If we were esaning the witness on our own behalf, to prove an aflirmative fact, we should be bound by his teat. Movy aud wonid have no right to impeach him, But ‘Whei a withers comes and brands himself voluntat Wily a# 8 criminal we have a right to show the exteut of his criminality and to show that he is Dot worthy of belief. The Court—The question is irrelevant to the issue here and is overruled. Q. Were you present when the brands were put on the barrels which fay you delivered or dumped at Watson & Co.'s place?” A. No. Q, Were you promised, in case you testified against Watson, Crary & Pike, in this ¢ hat you should not be criminally prosecuted in fr to your own conduct and transactions in this matter. If #0, giate what was promised and by whom was the promise made? A. I stated to the Collector, when T Caine back here, that I could not give any informa- tion 10 this matter without criminating royself, and J caid alao to bita—"'If you think I can do i avd not ted J willy’ Mr. Bailey then said “he osecuie me." rney promine you that you A. No; 1 did nov kiow vistriet A Attorney at t the cui 8 WO WhEKeT bie EW YORK HERALD, TUESDAY, DECEMBER 8, 1868—TRIPLE SHEET. ney shout or should not proseant 00 tasty fied in the case ? be atte ticate r. Courtney objected to attempt to implicat him on tae ‘on what some ly might have told witness about him (Mr, Cogrtney). The Court—the question ig already enswered. ‘The witness has gaid that the District Attorney made him no promise; that he did uot know the District fy mode it the time. uestion overruled, Q. Did you Sunpose that that promise or declara- Uon of Mr. Bailey's would relieve you from the crimt- na Consequences of your own actif you testified re Objected to. Sustained and exonption taken, Re-direct by Mr. Courtney—Q. Did you see the ‘Attorney on the occasion when you were spoken to about giving testimeny here? A. No, Q. Did you have any conversation with him, di- rectly or indirectly, as to being a witness in thia.case ? Objected to, ‘The Court—-Connsel on the other side has sought to cast an imputation on the District Attorney as to baving influenced the witness to Lorne this trial; he (District Attorney) ought to be wed an oppor- tunity to repel tt. + ‘a ‘The question was repeated. “ A,' Never. State the whole conversation you had with Mr, Bevin ch up wears Ne Beas: ve city I went at once ir. Baliey’s office; Mr. Batley then told me he wanted my services as 1 witness in a case nthe ent and Watson & Crary; 1 told him I could very well do that, inas- much as I feared I would criminate areas Mr. then said that he had already all the transactions between Stewart and myself and Watson & Crary; he showed me the books Stewart had kept; I then told Mr. Bailey I would ndt-object »to give my evi- dence, provided 1 should not be prosecuted on it; Mr. Batley then to me that he should never do it, ana that when the government used witnesses they seldom or never Q. Was other the i ise of miary . Was there any promise of a pecu' con- sideration made to you? A. No, maton ‘This closed the examination of the witness, John T. Cleveland examimed- ternal Revenus ‘Watson, Crary TODS a8 muted them, Brora any, anepe or form, 1 (—Was Assessor of In- Sixth district; knew the firm of they were recti: ing latiloray ey a mplied ror od ns jers; they a) r ilee’ aa auch May 20,1867, capi Cross-examination unimportant. George A. Andrews examined—In 1867 was book- keeper for Mr. Stewart in his Christopher street place; was acquainted with Watson, Crary & Co., and knew their place of business, which was oppo- site Stewart’s place; knew of Nelson & Stewart sell- ing quantities of whiskey to Watson, Crary & Co.; Stewart was the person who sold the whiskey, Ne!- son betng the manufacturer and the party who de- livered if to Watson & Co.; witness saw the goods delivered and made the entries of the quantities at the time or immediately afterwards; mace note of the quantities, gauge marks, proof of liquor and proof of gations; these sales of nquor were paid for; also entered in the book the price paid for it. Book shown to witness.) is is the book to which I referred; it also con- tains a correct statement of the spirits manufactured at the distillery of Nelson & Stewart, the quantity sold and delivered te Watson & Co., and tiie amounts ald for the same; saw Nelson deliver whiskey in lots to Watson & Co. early in the month of March, and several times during the month; Nelson always reported to me whenever he delivered spirits at the rectifying place. Cross-examined—Was positive that the whiskey lots referred to by him as delivered at Watson & Co.'s rectifying place by Nelson were spirits manuiac- tured by Nelson & Stewart. Adjourned tii] this morning. ‘The Kentucky Bourbon Company Case. The United States vs. Daniel Messmore and oiners, the Kentucky Bourbon Company.—At the Crag no the court yesterday United States District Attor- ney Samuel G. Courtney intimated to the Court that he was ready, whenever it was convenient to the Court, to proceed with the trial of tue Kentucky Bourbon Company case as soon a8 the-irial set dowo for to-day was concluded (the Watson-Crary whis- key case). Judge Blatchford directed that the coun- sel employed by the different defendants an the Bour- bon case be called and state for whom they were to Caen Several counsel were present, whom the art informed that the cage against Measmore and others wouid be taken up alter the close of the case before the court. “UNITED STATES DISTRICT COURT—IN BANKRUPTCY. Before Judge Blatchford, In the Matter of the Bankruptey of Robert &. Rathbone.—Application for discharge-denied. UNITED STATES COMMISSIONERS’ COURT. Examination of Alfred A. ‘Blaisdett. Before Commissioner Stilvell. The United States vs, AUred A. Blaisdell,—The Ge- ferdant was yesterday brought up for examination ona charge of having knowingly -and wilfally pro- cured Harrison Shaw te commit perjury in a certain case at the time pending before Commissioner Ox- bern. Comunitted for examination. SUPREME COURT—SPECIAL TERM. ‘Tke Meate Case Adjourned Till Te-Dry—Tao Affidavits. Refore Judge Suthertand. Jn the Metter of Richard W. Meade,—Jndge Suth- erland yesterday adjourned this case until to-day at three P. M., im consequence of the inclement weather, it being considered impracticable for the respondents, the physiciansof Bloomingdale Asylum, to produce Commodore Meade before the court. The aMdavits i this case, about which there has been 80 much averred and ¢o much denied, are some- what vofhininous, and present the two sides of tue controversy in such a lights to leave ne doubt that some one is grossly in error. Angcstus H. Sidell sets forth substantially in.his affidavit that he is the counsel of Jehn M. Celestino, the petitioner for the release of Commodore Meade; that a habeas corpus bad been issued in this. casc, and that deponent feared it would not be obeyed by the produ mn of the bedy of said Meane, as therein required; that depenent has visited Meade at the Bloor ale Asylum for the Insane, and had interviews with him; that at such interviews he has conversed with said Meade avd found. him ee sane and betraying Lo symptoms of insan! Yi that ead heas improperly restrained of his liberty, nent fears that serious injury will reault to Meade in his business relations if allowed to cap- tinue under such restraint, ‘The deposition of William 8. Andrews te substan- tially corroborative of that of Mr. Sidell. Alden J. Spooner deposes that on the 16th.of Novem- ber he had along interview with Richard W. Meade, at the asylum, and conversed with him wpon vari- ous topics, particularly on the subject of his confine- ment, and that he found him perfectiy sane and rational, evincing no tendencies to insanity what- ever. Sarah Stoddard, in her deposition, tays that at the time of his arres: and confinement Coummodore Meade was boarding at her residepce and was then* perfectly sane; that sie belleves his imprisoument is outrageous and unnecessary; that it is the result of a Saran to have him so restrained of liberty, and pawl la il, if continued, be attended with dangerous resu J. L. Smallwood, in his aMdavit, eays that Richard W. Meade was arrested while in deponent’s office and conveyed to the Tombs Police Court, where, ee application and upon the certificates of the physicians of the City Prison, Judge Dowling isaued 4 commitment, consigning said Meade to the cus- tody of the Bloomingdale Asylum for the insane; that to the best of deponent’s knowledge sald physi- clans of the City Prison were total strangers to said Meade, and that their examination of him was not sufficient to enable them to be properly informed of his condition as to his sanity, and that in deponent’s judgment, based upon acquaintance with said ‘Meade, he 16 uot Inaaue or of unsound mind. B. F. Bache, surgeon of the United States Navy, and in charge of the United States laboratory at the Brooklyn Navy Yard, deposes that he has had great experience in determining the question of the sanity or insanity of various persous; tbat he has kuown Richard W, Meade inumately for many years; that said Meade is now 4 retired oiicer of the United States Navy, having no occupation to the best of de- ponent’s knowledge and belief; that according to deponent’s best judgment said Meade has been labor- Td mental ineanity for several years past, which insanity has been at times manifested in ex- treme iraseibility of temper; that he was subject to great mental excitement, a wpanied with threats na who of violence agaimst he imagined were unfriendly to him, and — oftentimes, and especially of late, againse the mem: bers of his own family; that Mr. Landis is the son-in-law of sabi Meade, and Js a person of good standing, and that said Meade has frequeatiy expressed bis determination to cominit violence upon the person of that genteman; that deponeut saw said Meade some weeks since as he Was enier- ing one of the Brooklyn street cars, laboring under great excitement, and that deponent asked hun what was the matter; that said Meade replied in a loud voice, attracting great attention, “I have come on to Wash my hands in the blood of that d——d scoundrel, Landis)? that on the sist of October, is64, Geponent visited sald Meade in the aayluio, and thar in deponent’s best judgment said Meade is in- sane to such a degree ak to render it necessary that he should be kept under reatramt, avd in quiet, and that his release would endanger his own person, a# well aa the persons of others Clara F. Meade being sworn, says she is the wife of Kichard W. Meade; that he is now skxty years of age; that he has been for many years an officer of the United States Navy, and since, about the 11th of ember, 1807, has been a retired officer upon half that in the latter part of 1564 or 1865 the San into, & governinent vessel, under said Meade’s command, was wrecked upon the Bahama Banks, aud in A subsequent investigation of that matter by the naval authorities he was not exonerated, but Was suspended from the service for a time; that the result of said investigation agitated the mind of her husband an intense ¢ ve for ® long time; bi became Unuruaily irrascibie and vindietivg tows those who had taken part im it, thi personal violence against them; Dis troubles were the subject of his almost constant conversa- tion; which was generally e » and preyed upon hia mind to such a deg paralytic attack about the 1ith day of L cember, 1807, Which endangered his life; he was en- trely prostrated by such sickness for about one month, the eects of which have been ever since wanuested ib & partial paraiysis of one of bin limba daughter Mary watched and nursed him during his sickness with great fidelity and tender atiec- tion; bat when he became convalescent he fancied, uently said that she intended to him, and, would receive nothing from er hand; since ‘the month of December, 1867, has continued under great mental excitement, has been manifested by extreme irascibility and violence toward the members of his own family and friends; his manner and deportment toward deponent in January last became so violent, and his conversation with her 90 and threat. ening, which has continued since ti as to cause serious apprehensions in her own mind and in the minds of His children in regares her ry safety, and to such a it has kept the door of her room constantly locked t him, and her children advised her that it;wad necesaary for her security that their father should bq placed under restraint; that this deponent disc such fdea until she became #atistied that her brother, Mr. Meiga, r ns in dan- ger of personal violence from her Jusband, and then she yielded to the advice and counsel of her children to have him placed in an asy! bel that to he the only means of restoring her husband has been for several y in the con- Stant habit of carrying loaded pistols upon his per- son; for several months before he sent to the asylum for insane persons at Bloo Will and threats of personal violence were especially directed t deponent'’s brother, Nr. Charles A. Melgs; her son-in-law, when under paro: he has often exhibited, intended to Hestroy their lives; that the contemp! ter Clara to Mr. wealth and position and qualified to make her happy- mind of her faiher to an unisual degree; he expressed his determinatton to preyent the mar- riage, if need be, by carry their dj panier. from this city to Niashineyon, by force or lestroying the life of Mr. Landis; during tae month of August last her husband came on from Washington to thie city with the apy pire into executton; he. visited Meigs, on Staten Island, and diferent places in this city, to find Clara, for the purpose, as <leponent was informed and believes, of compelling her to go with him to Washington, hoping thereby $0 prevent her marriage; on one occasion he met depment and her daughter Mary in the Staten Island ferryhouse at the foot of Cortlandt street, and came up to this deponent in'a very excited manner, and in the hear- ing of many persons said angrily, in reference to the marriage, “Pause and reflect, or you will be the widow of @ murderer;” on that occasion one Celestino accompanied her hutband, and who, she has since leamed, decompanied him from place to place out this city; this deponent farther saiti that on the 26th of October last, at the solicitation of Dr. Brown, of the insane asylum, at Bloomingdale, and of her brother, Mr. Meigs, she admatied John M. Celestino, the peti- tioner to the habeas corpus {n this matter, to an in- terview in the parlor of the New York Giiy Hospital, « on Broadway; that said Celestino was 4 stranger te her and, as sie believes, to every member of the family, her husband only excepted, with whom Ce- Jestino professed to be on intimate tenne of friend- ship; Celestino then told deponent that he had stayed with her husband m the Meade House, No. 167 F street, Washington (deponent having broken op housekeeping in Wé ugton in the laWer part of March and, with her daughters, jet Washing- ton); that her husband had confided ali his afairs to hith (Celestino) aud showed him her levers and the letters of her daughters to their father; he further told deponent that on one occasion her husband ‘was @ groat tyrant,’? had driven off the cook, and he (Celestimo) had gone into the kitchen and cooked the dinner; that they had a very nice time in the Meade house; he turther z in a weakened frame and shattered intellect; his | service during aight manta: ‘that on the Ist of 1868, contract was cancelled by mutual consent and the plaintitr mney seven boais from the defendant, the Erie way Steam- woe on Tok “e900 000. That tke wuld Drew as for X je sory notes id prow always been and still 1s the Railway Steamboat Company and its principal stock- hat company was up his the tember, the holder, and the organization of t had by him mainly with a view to coverin: frauds in the matters afoi id. whole object of the defendants the aforesaid ter- mination of the contract) was ie the Plaintifr surrender to them a safe and profitable part of its business and to obtain a large amount of money from the tit without consideration or risk. That, as the plaintiff is informed and believes, the profits realized by the defendants from the said boats, r all expenses and ing Shonen exceed $600,000, all of which might and would have come to this plaintiff but for ie aaa ieee ae aan toe at the mn lable plaintiff is informed and believes that the defend- ants intend to of them to other persons, who may purchase them in faith and for value, to the great Pci of incif. Wherefore the plaintiff demands ment; that the defend- ants account for all the profits earned by them or either of them steamboats running for or in connection with the plaintitf’s panne that the defendants be enjoined from paruing with any of the promissory notes mentioned in the com- plaint except to the plaintiff; that the said notes aniel Drew, Jamages. TIRED SoBAnMPAN: Plaintinry Attoracys City and County of New York,—- ing duly sworn gays that he is one of the directors of the plaintiff, that the foregoing complaint 1s true of his-own knowledge except as to the matters which are therein stated to be upon information and beliet, and that as to those matters he believes them to be trae, Sworn Dec, 4, 1863, before me. COURT OF GENERAL SESSIONS. Before Recorder Hackett. The December term of this court commenced yes- terday. G.§S. Bedford, the City Judge elect, occu- pled a seat on the bench. Assistant District Attor- ney Hutchings appeared for the prosecution, There was a quorum of grand jurors present, but as the Grand Jury of the Oyer and Terminer were still in session they were discharged till this morning. ‘Phe petty jury panel was then called, after which the court adjourned. COURT CALENDAR—THIS DAY. Supxemm CourT—Crrovuit.—Part 21—Nos. 3086, 1261, 141% 1573, 625, 21251, 1351, 769, 1619, 1625, 827, 605, 1229, 781, 1269, 1271, 1265, 49, 48, 1441, Part 2—Nes. 916, "1730, 982, |. 1684, 413,, 1452, 1356, 890, 486, 696, 692, 168, 93644, 976, 850, 250, 1026, 1028, 16245. Supreme CourL.—SPECIAL TERM.—Nos. 21, 25, 26, 2, 28, 2%, 80, BL, 32, 38, 34, 45, 36, 37, 38, 39, 40, 41, 42, Surerien Covrr.—Trrat TeRs.—Part 1—Noa. 267, 367, 423, 423, 317,209, 220, 427, 431, 441, 445, 447, 449, 451 ie CITY INTELLIGENCE. ‘Taz WraTsme YESTERDAY.—The following record willshow the changes in the temperature for the past twenty-four hours, as indicated by the ther- mometer at Hudnut’s pharmacy, 218 Broadway, ae Building:. said that her iusband was very angry with all .his family, and said they were wicked and bad enough to do anything, and he never wanted tosee us more; Celestino further said to deponent at that interview that he ought to be considered the best friend of her husband, as he had several times prevented his kill- ing my brother, Mr. Meigs, Mr. Landis and Mr. Co lies; that he was bent on d 80, and he had great difficulty in stopping him; that ha had accom- panied her husband everywhere, had veen down to Staten Island with itm, and witnessed his meeting deponent and their daughter Mary at the ferry house, Cortlandt street, when he said to deponent, “Pause and reflect, or you will be the widow .of a murderer; and this deponent further saith that in the mouth of November, 1867, her husband consuited Dr. Brown Ségnard, a distinguished p! "| Sician in all diseases of the brain, &c., aa to bi physical condition. Dr. Seguard gave his written opinion to her husband to the effect that “there was @ clot of fatty substance formed upon the brain which would require to be absorbed,” and attributed his condition to that cause; thather husband burned that opinion, in her pi nce; since the month of December, 1867;the ry of her husband has been but $160 per menth, as ho has informed her; that he has given Geponent since the month of April last but $100, and to that extent only las contributed to the suppert of herself and daughters since that time; deponent is infermed that a lew days before he was on ae in the aaylum he drew for his to the first « of January next; and this deponent further saith ‘that her three sons are in the naval service of the United States, and are now absent from tho country; her son Heary left home tn Janu last, and her son Richard on the 2tat of October last; tliat all her children have ever treated their father with kindness and filial affection, but without cause or provocation he cursed his sons, Henry and Rich- ard, when they left home, and expreased his wish never to see either of them again, and has expressed like feelings toward his heers juentiy; that every member ef deponent’s family and the relatives of her husband, without exception, to depouent’s approve of his confinement in the asy- know! Jum at mingdale; many of them have ex) ed to her their surprise that he was not at an earlier day; that the deponent has uo doubt that the release of her husban present conditien of his mind would be attended with great danger to herself and family and ¢s) cially to the gentiemen above named, Mr. Meigs, Mr. Landis and Mr. Corlies, and that his continued con- fnement in the agylum under the medical treatment he receives there is the best taeans for the improve. nent of his inenta!l and physical condition. SUPREME COURT—GEMERAL TERM. ‘The: Quew:ion of the Obligation of Payments in | Geld and Currency. Before Jéiges Barnard, Ingraham and Cardoza. Murray .vs, Gale.—This was a case in which the consideration paid fora mortgage of certain pro- perty before the war was “$4,000 In gold cotp,” and | for which defendant tendered payment in green- 4 backs. The plaintiff brought suit to recover, and ob- tained Judgment. An appeal was taken and argued at the jast term of conrt, and to-day a decision on the | ‘wapeet rendered ami the judgment, in his opinion Judge ozo saya:—If by “gold coin” a Lipa pte bi eg not the currency of the country.was intended to be designated, then as the bond waa conditfonal to pay asum of money ($4,000) in a certain commodity, a tender of so mu that commodity as would at that time, have produced in the market the sum of $4,000 of lawful money and interest would have discharged the bond. What Constitutes a Tenancy by Courtesy. Wm. L. Burke, Appelant, vs, Eliza Valentine, Bespondent.—In this case the plaintif?s wife was the devisee of certain property until after her youngest sister became of age. Mre. Burke died before this sister ettained majority, and the plaintif® claimed that under a pro construction of the will she really became vi with the Rroperty before that time, and that he had a tenancy 4 cow . It was claimed by the defence that until the otheraister died no estate vested in any of the children. Judg- menv was given for defendant. ‘The Court holds that tenancy by courtesy weanot abolished by the statutes of 1548 ana 1849, and that no estate having vested under the will to the devisee before her death the husband was not entitled to courtesy. ‘The acts of 1848 and 1549 had not Inter. fered with either to extend or take away the rights of the husband, and the personal estate, or estate by ogy er in the real property of wWe wife, after death, were not disposed of by her, im life or under the wii, to take her death, The next question was as to wife had sueb estate th the lands of the as to vest in her busbane as tenant by She died in October, 1863, and the younge: rihe will died in November therefore, that she hia her death, and, therefe by courtesy. Judgment aMftemed. SUPAEME COURT. Still Another Erio SuiteThe Erie Railway Steambont Operation=§1,000,000 Damnges Wanted. 4 The Brie Raileay Company re. Dane prew and the Brie Railway Steamboat Company.—The Erie Railway Company, plaintiff, complains and alleges ‘thAt the plaintt? is a corporation created ander the jaws of this State and having forts principal object the constraction and operation of a railway from New York to Dunkirk and BuiTalo, with branches; that at the time of making all the contracts heretn- after mentioned, except the last, the defendant, Drew, was a director of this plaintiff, its treasarer, @ meinber of its executive commitiee and in poe session of an influence greater than that of any other person over the tits affairs. That, ax the plains tu? i# informed and belleves, In March, 1962, the plaintiiT was possessed of five steamboats on Lake Erie, which carried freight for the piaintit's benefit to and from its mations at Dunkirk and Bul Talo, and the business of said boats was very profit able, That, as the piaintit? is informed and beltoven, in the said month of March, 1862, the wald Drew, with intent to defraud the plaintiffs, induced the directors ns the piaintut to sell to the defendant, tbe Erie Kail Steamboat Company, the said five steamboats Tor $106,000, which was touch less than their value, and to enter into a contract with the said other defendant, the Erie Railway Steamboat Company, whereby the plaintit agreed fo pay to the wai 28, 0 $45,000 per annum for the service uring eight months; that the said boats were fold as aforesat and the said contract entered into aud the money paid accordingly until Fou when the said Drew, with intent to plaintiff, induced the direc’ make @ new contract in pla the former one, for luo use Of weveR DOAW Bb 26).000 Back ver QoHuU, for ct ot whether th intestate 1 : Average temperature........ Average temperature Sunday . SuppEN DEATH.—Coroner Keenan will hold an in- quest over the remains of Mrs. Rosanna Fryer, aged thirty-six, a native of Ireland, who died suddenly yesterday, of heart disease, at her residence, No. 1 Crosby street. FavTaL ACCIDENT,—Felix Cronan, who was ran over on Sunday by car 60 of the avenue B line, at Pitt street and East Broadway, died yesterday from the injuries so received. Coroner Schirmer will hold au ry ad at Bellevue Hospital, Deceased resided at 206 Cherry street. CuurcH Fatrs.—A ladies’ fair to raise funds for the completion of St. Lawrence Roman Catholic parish school, Eighty-fourth street, between Fourth and Madison avenues, wil commence on Wednes- day, the 9th inst. : A ladies’ fair for the benefit of St. Stephen’s Ro- man Catholic church will be held in the basement of the charch, commencing on the 6th inst, HovoraBiy DiscHaRrGEp.—In the case of William Bue, who on the 22d ult. was charged with ob- taining certain property of one J. L. Benton by false & preliminary examination wag had to- at Tombs before Justice Dowling, which resulted in the .of the defendant before even the completion of crous-examination of the -comp! ‘witness, DeatTH FROM INJURIBS.—On Friday afternoon Wil- ‘Mam Pyne, aged sixty, was engaged in assisting in removing some large stones from the basement of the Church of the Puritans, corner of Seventeenth street and Union Square, when one of the stones fell on him and caused such injuries that death en- sued yesterday at his residence, No. 183 Eliza- beth street. Coroner Flynn was notified to hold an inquest to-day. AN AMATEUR BILLIARD MaTcH.—At the rooms of the Minetecth Ward Reading Ciub, on Fifty-fourth street, near Third avenue, @ billiard match came off on Saturday even! between Mr. C. an “unknown,” sy Cornehisen and $100 a side, which, after some the beginning, w: Feast OF THE IMMACULATE ConcEPTton.—In the Catholic churches throughout the city to-day will be celebrated as @ holy day of obligation in honor of the Immaculate Cont ion of the Blessed Vi festival has been br brated in churches, but by a decree of the late been a on the ae of pov tle de of rey w [Sm epg y Cathe or shoul wi as much sanctity as Sunday. oe TuE NATIONAL GaME.—The National Association .of base ball players will meet at Metzerot Hall, Washington, D. C., to-morrow morning. The dele- gates from New York and the East will leave this city by the evening train to-day. The credentials for he delegates from the New York State Association aill be entrusted to Mr. Page, of New York, for dis- tribution. AS the to-morrow @ number of will be made Tules of the Myre ees of ‘onherimportans Dusiness will be transacted. COLORED ORPHAN ASYLUM.—The annual meeting sof the lady directors of this institution took place yesterday. The treasurer read her report, by which it appears that the receipte for the year amounted to 115,743 06; expenses, $113,296 02; balance on han Hrs oe ‘Sainver of children atvdate of last Te. ‘. h eiphabet class, 26; Tiss tmperfectly, 4 writing on books, 84; on slate, 150; al 124; composition, 44; reduction of fractions, 8; simple rules arithmetic, 165; mental arithmetic, 84; raphy from books, 84; from maps, 124; gram- mar, Ofthe 41 admitted 21 did not know the alphabet, The f officers and re for the year 1860 were elected:—Firat Directress, Mrs. Augustus Taber; Second Directress, Miss Auna H. Shotwell; Secretary, Mrs. Sarah 8. Murray; ''rea- sure@Mra, Charles Laudon. MUNICIPAL AFFAIRS. BOARD OF CITY CARVASSERS, The Board of Aldermen, sitting as a Hoard of Can- vassers for canvassing the votes cast at the late charter election, 1s quietly prosecuting the work which falls to them. Until yesterday no protests were received; but it appears that in a majority of the wards votes were cast for Neil Bryant for Mayor and for Chris O'Connor for Corporation Counsel. ‘These votes were not counted In the official canvass, Both gentlemen referred to Laf com ss be- fore the Board and insisted on having the votes cast for them officially counted. The contestants have retained counsel and the matter will probably be argued to-day. BOARD OF ALDERMEN. This Board met yesterday afternoon, pursuant to adjournment, the President, Alderman Coman, in ‘the chair, A resolution waa presented by Alderman McQuade donating the sum of $50,000 to the Sisters of Mercy, in charge of the House of the Good Shep- herd, to enable them to complete their new building, am directing the Comptroller to include that amount in his city budget for 1869. The resolution was laid over, according to rule, and after a smali amount of Nhimportant business had been transacted the Board adjourned untii Wednesday afternoon at three o'cloek. BOARD OF COUNCILMEN. Iron Bridges to be Erected in Fourth Avenue— New Piers to be Copstructed=Salaries of Cowmon Council Attaches Increased. The Board met yesterday afternoon, the I’resident, Mr. Monahan, presiding. On motion, the roading of the minutes of the pre- vious meeting was postponed, A resoiutionwas received from the Aldermen pro- Viding that fifteen feet of the sidewalk in ighty- et, from Third avenue to ithe Hast river, one be used ag court yards. ni The c Beard cogcurred with the Aldermen io direct: | aficy, add they aleo satd Uiat phe liad « ing the Croton Aquednet tment to introduce — into the Union Home School, They also con- curred in directing the Harlem Railroad Company to construct, without unnecessary delay, neat BS bridges in Fourth avenue at Sixty-ninth, Seven- eth, Seventy-tirst and Kighty-fifth streets. ss ‘A resolution was adopted directing that pter No. 48, at the foot of Clinton street, be rebuilt under the direction of the Street Commissioner, ‘A donation of $547 was granted to the treasurer of the Tabernacle Baptist church to enable hiim to pay an assessment me the church, ‘A resolution increasing the salaries of the clerks and attachés of the Common Council nearly twenty- five cent, which was vetoed by the Mayor and adopted over his Honor’s veto by the Aldermen, was coneurred in by & unanimous vote, ‘A resolution’ was adopted to build a pier at the foot of Twenty-eighth street, East river. The Street Commisstoner was directed to have the aed at the foot of Stanton street repaired. A dona- on of $436 was granted to the Sisters of Mercy, in Houston street, to enable them to pay an assessment for opening Chureh street. A resolution was adopted directing the Comptroller to pay to each of the Commissioners of the Sinking Fund and to the Presidents of both branches of the mmon Council $1,000 each for services rendered during the year 1868. On motion the Board adjourned until Thursday. THE SIXTH WARD ASSASSINATION. Coroner’s Inquest Yesterday—Verdict of the Jury. Coroner Keenan, assisted by Dr. Beach, Deputy Cor- oner, held an inquest yesterday morning at the Sixth precinct station house on the body of Thoinas Ham- ilton, who was fatally stabbed on Saturday night in Mulberry street. Assassination and murder being now every day occurrences in the city, there were a very few persons present except those who were directly interested in the case. The inquest com- Menced at ten o'clock snd did not conciude until after two o'clock. Bridget Hamilton sworn—I reside at 22 Mulberry street; deceased was my son; I last saw him at Mr. Smith’s, on the first Noor of the house; I came in at about half-past ten on Saturday night; I left him then and went up to my apartment; he had been drinking some then; about half-past twelve Mr. Smith knocked at my door; I went out and saw Mr. Smith carrying deceased up in his arms; I then saw he was dead; I saw a little blood on his side; I know nothing of how he was injured. ‘Thomas Smith, residing at No. 22 Mulberry street, sworn—l am employed as a lighter; I came home about half-past eight on Saturday night; deceased was in my room at the time; he was iying on the floor; my wife got some supper and then roused deceased, when we all ate some; after that, about nine o’clock, deceased went out; he was intoxicated, but was able ta walk out straight; he staggered a little before that; about ten o’clock I weat into Sheehan’s liquor store, in the front building, where I saw deceased stanaimg in the front of the store playing cards with @ man, a stranger to me; there were in the store at the time, besides these two, Sheehan, Redden and about two or three more; every- body was quiet and all appeared sober; | remained in the store about ten minutes; then went to Catberine street to buy some coffee and butter, and then came directly home; Mrs. Hamilton was there; I stayed a few minutes, lighted my pipe and went again to Sheehan’s; deceased was there and some three or six besides; deceased went out and soon alter came back and said my wife wanted me; we went to my house together, where we remained about a quarter or half an hour, when Fiynn, the prisoner, knockeil atthe door and came in; he was drunk; he walked around the room, saying, ‘I can do what 1 like; I got up to put him out, but only shoved him back in a corner; he said he did not mean anything by what he did, and we shook hands together; deceased was sitting gates, during this time; the prisoner took a pitcher m the ro and went out and returned with some beer; deceased drank a glass of it, but no one else drank; 1 think this was between eleven and twolve; my clock was stopped; I remarked that it was time to go to bed; prisoner and deceased both got up and went out together, when I locxed my door, undressed and went to bed; in about ten minutes or more I heard a rap at_the door opposite mine and I heard a man calling Mr. Hamilton and I heard 8 groan; my wife ran to the door and opened it; [got up and saw two men stand! im the hall, near my door; they were calling for Mr. Hamiiton; deceased was lying on the floor, close to them; the two men picked him up and brought him into m; room; my wife went down stairs to call Mrs. Hamil- ton; one of the men said that they had picked hi up; that he was scratched and not much hur ter remaining three or four minutes they both leit; they were strangers, but I would know them if! saw them; one of them is present (recognized); deceased was insensible, but breathing slowly and groaning; 1 lifted up his shirt and saw a mark on his shirl; no blood came from it; I picked him up and took him up stairs to his room; I stayed there one or two minutes and then ran out fora policeman; T found one and he came with me; he summoned other po- licemen, when we went to deceased’s room, where found him dead. we f . John Jourdan, captain of the Sixth precinct, sworn—This is the third murder that has taken aad 19 Mulberry street; a large’portion of the is occupied bree walkers and thieves; Harrington, the husband of the woman, is now in the Tombs, on a second charge of murder; I have no hesitation in saying that the man found in the alley- way was some one who had been there with a woman and was waylaid by thieves; the house is @ resort of the worst c and I have to place @ man on the bloek; my theory of the murder ig that Molloy and deceased attacked Barrett or some other man for the purpose of Trob- ing him; that he broke away and d caught up with him when he was stabbed by Barrett to free himself from the deceased; there is worst crowd in this neighborhood. Several other witnesses were examined, but nothing tending to show who committed the murder ‘was elicited. Dr. W. Beach, Deputy Coroner, then described the nature of the wound in the body of the deceased and the testimony was given to the jury. ‘THE VERDICT. The Jury then retired, and after an absence of twenty minutes brought in the following verdict:— ‘That a8 Hamilton came to his death by a stab wound at the hands of some person unknown, and the jury further believe that the stabbing was re- ceived during an attack made by deceased and others upon said person and that it was inflicted in self-defence. SUICIDE OF MRS. CATEWOOD—THE INQUEST. ‘The inquest on the body of the late Mrs, Mary Gate- ‘wood, which was adjourned by Coroner Flynn on Saturday last owing to the absence of Superin- tendent Kennedy, was continued and closed yester- day at noon, at No. 237 Bowery. The following were the jurors:—Jonas Stolw, of 237 Bowery; 8, Cantrell, 893 Fourth avenue; Marcoe B. Dugan, 311 Spring street; Jeremiah Hennessy, 237 Bowery; John Healy, No. 7 Dover street, and Thomas C. Knox, 58 Carmine street. Dr. Edward Vanderpoel testitled—I reside at 133 Macdougal street; I was called at 10 A.M. on the 1st December to see a woman who had stabbed her- elf, as it was thought, with scissors, at No. 44 South ‘Washington piace; when I arrived at the house I was taken to the third story, just within ® middle room, at the right hand; on the floor lay & woman, on her left side, deaa, a pool of blood in front of her, extending up to the neck; I knelt down and with a candle looked for the source of the hemorrhage and saw a wound extending across and through her windpipe; I looked around for the instrument and found arazor at my right hand, about @ yard from her head, ameared with biood; feeling for her puise I found her pulseless, warm, #kin moist, and she was completely dead. James irving, @ detective, deposxed—On the Ist day of Decem I was sent by Inspector Diiks, Ac- companied by detective Vaurhan, to No, 44 South Washington place, where we understood a Mrs. Gatewood boarded; she was charged with the theit of some Jace stolen from 47 Bieecker street; we went for the purpose of arresting her and were accompanied , Mr. on, the complatnant; Mr. Baton rang the bell, inquired’ for Mrs, Gatewood and was informed she Was at home; we were shown to the parior on the second Noor and waited for Mrs. Gatewood to come down; after waiting a sufficient time she did not make her appearance: to her room; when we wot tiere we fou colored woman about to commence dressit hair; upon our stating that we were ina hunry she came to the door of the room; we stated our busi- ness; she admitted the theft, opened the trunk, and taking from it the sicien lace she handed it to Mr. Raton ond beg prosecute her; f took posa: she then asked time to have he we granted; she changed a catico dress for a black ohe; she fally dressed horseit aud pat oa her Jewelry; she carefully packed away her clothing; Mr. Eaton had gone out for a cv to take her and her bag- gage to police headquariors for the purpose of identi- cation; Mr. Eaton came back and said he was Fatewood revurned to her reom and Vaughan fora penknife which he had taken from her; ho refused to give it to her; ste ten Picked up @ pair of scissors from the table and com- Menced to pick ler natis; she then weut wp staira to the floor above; I sald to fr Vaughan, “Follow her; follow her quic don’t like her action; I think she Ineans bad: he followed her finmediately and brongit her down: they had some conversation, when she went into a middie room, Mr. Vaughan holding the door ajar; in &@ moment after oticer Vaughan cried out to me, “Ohl my God, Jim, she hag cut her throat; Llooked xt him not to ion of the lace; hair dressed, which in at nd immediately went for Dr. Vanderpo he came, examined lady and pronounced her de: Je . Kennedy, being sworn, testified as Jows:—I am Superintendent of Metropolitan Poll reside at No. 146 West Twenty-second street; a know anything persoually about this matter; 1 raw the lady; am always on duty, sleeping and Woking; knew nothing of this case n- til = was informed “of her deat 3 0 informed by oitivers Irving and Vaughan; heard of the lady, but never saw hers J think Hi 1 i «thier arrest (being informed of the preci t. K. corrected tie year to 1868); T was in- don the day of her death and immediately livered up to teed them some stolen property, "pon whteh T o them to take charge of the prop the clerk; they also su ine propert: 3 itkinss the er th ‘ was more sto! om said that there goods there, ‘and T ordered them to take it alt turn it over tq the property cle k Hoary Vaugnan featiied as { lows: am a des tective at ; last Tuesday morning, about ten 0% a eee ti at detective Irvi . had been for @ woman named J Mary Gi wood; I asked him and he said he was; I told him had arrested a woman by that naive in 1864 for se ral larcenies; I gave him a description of her; said that was the and I went with him afte her; Mr. Eaton went wit ; We went to a hotel boarding house, corner Mercer street, Where she was said to be; being there we went to No. 44 South Washi Rg E place, Where we found her; on Ting! th 11 we were informed that Mrs, atew was but would that stairs, The rest of the. testimony of officer was mainly a corroboration of that of oMicer Irving: with some additional but unimportant particulars. except that ag he entered the room Mrs, Gatewood ‘ recognized him by name, and that afterwards, ag she, entered the closet and he was following her, she stated that she was indisposed, whereu he on ot ae ae nol 2 ead tom once 8 gurgll or wking + ond pet the door and saw her standing: abou, reaming ir fallmg over towards the door, the blood at from her ae, he at once caile' out to office: ood vin Jim, she’s cut her throat;” whe Trviig came tothe door she had. not yet fallen; atte she did fal! she never moved nor stirred @ m\ he saw a bloody razor on the tleor about three fe from her, and the case of the razor was in her le! hand. Henry E. Eaton, of No. 37 Bleeker street, the gens tleman referred to in the testimony of the officers: ‘was then sworn and corroborated :t in lara. Mi Here the taking of the testimony was closed, and by request of some of the jury the depositions weg wad, wrerenpop the jury rendered the followlt verdict:— ‘That the said Mary Gatewood caine to her deathy © by cutting her throat with a razor at No. 44 Soutth Washington place, on the Ist day of December, 1808s Ee THE WYNG HOW! Inquisition by the Coroner and Verdict Agninsa John Lynch and His Wife-Co:mitment of the Accused to ‘Await the Action of the Grand Jury. z One of those tenement house altercations that have so frequently to be reported and not unfre-'+ quently are attended with fatal results was yesterday) afternoon the subject of an inquisition by Coroner; Flynn at Bellevue Hospital. The diMculty in this case occurred at the tenement house No 9 Wehawkert street on the evening of November 30, whieh termt¢ nated in John G. Wyng, one of the immates, receiv: ing such injuries that 4th inst. at Bellevue Pt fore reported. The facts of the case havi already been fally given in the lzraLp. A more’ brutal homicide, as narrated in tho statement of thel wife of the deceased, is rarely reported. The pri goner, John Lynch, and his wife, accused of th homicide, were both present, the hands of the ford mer being handcuffed. The following is the evi’ oe — Say. A the iiveter Ry at Catharine Wyng, being sworn, d lows—1 reside at No. 9 Weehawken street; at hal past seven o'clock on the night of November 30 m: fnsband came home at this hour from his work, and: was on his way to our room in the attic; Mrs. Lynch, who lives on the floor below, was at the head of the stairs dancing an Lrish jig and dourishing a broom- stick; my husband was whistling as he was coming: up stairs; she shook her broom up and sald, “You dumb ass, you are making game of me whistling.” “T have nothing to do with you,” sald ra. husband, “I am going about minding my business;? she then struck him twice on each side of the cheel with the broom handle; my husband satd, “By Gody since you struck me with that broom Dll have it sweep my floor;” he took the broom out of her han and brought it jnto our room; my husband sat do’ toeat his supper; she came to the door, khdcks againat it with a hatchet, breaking a panel, and d manded the broom; I told him to never mind her, #3 she was drunk; I recognize the hatchet produced aw the one she used; she called him all sorts of vile names and dared him tacome out; he got up fro! the table, took a lamp in one hand and an unload musket in the other, unlocked the door an@ asked her what she wanted: he said he did not want to fight with her, as she was & woman; she said, “You come down stairs and see what you get;” on the top of the stairs Mra. Lynch grabbed him by the coat collar; Mr. Jobn Lynch, the husband of Mrs, Lynch, then came out from his room, with a pistol in his hand, rushed up to where they were, blew out the lamp my husband had and seized hold of him; I rushed between th and be; Mr. Lynch pushed ' away; my husband tried to get away from but could not; Mr. Lynch struck him twice with nis fist, on the neck and chest; my husband was pushin Mrs, Lynch away when Mr. gird having wrench the musket from him, struck him with it on the head, with the butt; Mrs, Lynch at the same time struck him on the head with a hatchet; my husbaad, fell to the floor; Mr. Lynch kept repeating the blows and struck him several times, Mrs. Lynch also strik+ ing him with the hatchet; the masket was ito four pieces from the effects of the blows; the last blow Mrs. Lynch struck him with the hatoties was on the elbow, Q. Where were you all this time? A. 1 was screaming for help as loud as I cou!d and begging them not to kill my husband; I made several eff» to the musket away from Lynch, but could no! do it; I pushed Mrs. Lynch; after tue last blow she Le ‘my husband she tell on top of my husband's ce; there was no one present but Mrs. Quinn, who- is here now, and she called out, ‘‘Lay on to him— he is an Englishman;” right after this Mrs. ed and an oldish man came to my help; tt took all of us to get the musket barrel away from Lyneh’s hands, or else my husband would have been on the spot; immediately licemens, McPherson and'Collard, of the Ninth ict, Came in and Lynch and his wile; hog was taken to Bellevue Hospital, and died fro the effects of his injuries, f MaryQuinn, being sworn, deposed as follows—t liv at Nov’ i ‘Wehawken street; on the evening of Novem- room and heard a cry of murder Mrs. Lynch op her lan mf went into her reom; I wen' 5 6 nothing farther. Omeer McPherson, of the Ninth precinct—He — on duty near where the affair occurred on the nigh’ of its occurrence; he heard the cry of “Marder |” lard then came to his assistance; Lynch and his wife, took them to the station house, as also u pistol, hatchet and ents of @ musket found at the scene of the ; they had Wyng taken up to his room and Doctor Joyce sent for, who came and dressed his wounds, after which, on the doctor's recommendation, he was taken to the hos- ital. : Pr. T. M. B. Cross testified that John G. Wyng was admitted to Beileyue Hospital suffering from frav- tre at the base of the skull; that he remained in» kemi-conscious state until December 2, when he sank into a comotose condition, and finally died on the 4th inst.; an autopsy revealed a fracture of the parie- tal bone of the right side, extending throwgl the petrous portion of the temporal bone; a large clot was found between the skull and the dura mater om the same side; there was pier ay of the right side and ossification of the aortic valve; in his optaion can was caused by fracture at the base of the skull. fuere being no further evidence the Coroner briefly charged the jury, when the latter retit.d and ort tine returned the following verdict: - tne said man came to his death by injuries received at the hands of John Lynch, to wich hie wife was accessory, on the soth day of Nove: rr, 1868. The prisoner, Lynch, on being examined by the \ Coroner, staied that he wos a native of {rele pe years old and a isborer by oct Relative to the charge he staccd that hia wife sent for him and complained about sir. Wyag, Wien he told her to never mind, as be would have hun ace rested the nextday. He then went out of tho house to a lager beer saioon, when bis wife sent ‘or hin avain, saying that Wyng was beating her. Te home immédiately and met Mrs. O'Connor at hor owa door, He asked her where his wife Was, abu 10 8a) 7 up stairs. He went to his own room ai followed after him. Mra, Quinn came In aud sald, “You onght to get a warrant out for that man Wyng or he'll Kill your wife.’ Wyng at this moment came down statrs and said, “I don’t fight women; J want ou Irish son of & b—h; come out here. Wyng aun at his head and said, “1 kil! you.” life in danger aud wWrenched io gun if-defence, Acommitment was made ont for both parties to await the action of the Grand Jury. Mra, Lynch, om account of injuries she had susiained, was seni o he hospital, and her husband to he City Prison. The de of Kngland, his age forty-five and occupation au truckman, jie leaves | wue aad two children,