The New York Herald Newspaper, February 23, 1869, Page 5

- NEW YORK HERALD, TUESDAY, FEBRUARY 23, 1869—TRIPLE SHEET. NEW YORK CITY. THE COUR wes No. 235 I saw some Italans there alter ee oe eee crossed Ly ‘Trial ef Denate for the Murder ef | moving around; J was about two yards from tne John Ryland—The Presecution Closed and reone ben he dram nie Kaltes I Waa the been Sireet when le had ‘on the hie Defence Opened. bosom; they were scolding; I heard sylend say, Before Judge Barnard. “The b—r bas a thas ras. alt t Rt EMO Shy 98, Donato. Mai oner before; he looked aa though he ullght be dren; ‘Magaldo, an Italian, was arraigned for trial before Toldn't sce Golden there tha he be ‘thts court yesterday upon an indictment for mur- Re-dtrect—Ryland was actuatly i »8 : i a : : z : 3 i i FE Raving taken the life of one Johu Ryland, in Baxter treet, on the Fourth of July last, by stabbing him in ‘the back. ‘The deceased was an Irishman and the Romicide was committed about six o'clock in the i E H 83 i 5 2 i to the re evening. est of the District Attorney Magaldo ts s short, square built man, of about state what he knew of this Mtourrents,® and de. twenty-four years of age, and is # native of Italy, bag ng Corey eed ir fog AT having been born at Marsica, in the Basalicato, in the | the witness give Ayn ey ee ae department of Potenza, Stato o! Napoli, He | !timreply to the general request of the District At- torney, aud if anything was stated by the witness which was iinproper ftcould be ruled out. “4 Mr. Mi: contended the 4 be to give his own conclusions and opimtons as to ae and motives, mstead of Sontag nimvet the pure jacts, He (counsel), of course, did not wish . bas been abont a year tm this country, and is mot acquainted with a word of English. His features are somewhat massive and squarely angled, and Sbough ata distance they might appear coarse and ‘ard, whea cl ‘Gbucrved, there is 8 good un- ture it his expression, wainly due to lis bright hazel eyes and healthy tinted, though dark, skin. He wears a small black musiache end ain buick hair i neatly brashed and parted. The proceediazs secmeit, a8 in fact they were, perfectly ubintelligibie to hun, and when directed to rise as the jurors were being sworn, he did not understand ac first the object of the order, but afterwards rose mechani- iy. He was dressed mablue Petersham pea- Jacket and wore hght-colored striped pants and ‘Vest. He bas a wile and children in italy, and worked prior to the homicide of Kyiand at the new park in Brookiyu, ‘he court room, for a wonder, was not crowded to excess, as it Was during the trial of John Keai, prob- ably owing to the faci that the roughs oi the cily Were not uware that the trial Was in progress, Listrict Attorney Garvin appeared for the prosecu- tou and Air. Wb. Mevarthy ior tue delence. belore the empancling of a jury was commenced ‘Mr. Mevarthy moved to quash the tndictment, on the grounds:—Virst, that the description “by stabbing Witia knife in the pack” Is too udeiinite, and tuat the prisoner ts enutled to @ description of the wound ‘with reasonable ¢xactness; gecon }, that the statutory. definition o: the crime, “With premeditated degizn io ‘Sul, dc., Was Omiied., On the latter point the Dis- trict Attorney claimed that ‘mance afcrethought,” the common law definition of tue erie, Was em- braced in the bill, aud was suiicient: . Mr. Me Curthy contended that the common law was not the Jaw under wien the prisoner was med. w that the statute must be adhered to. ‘the third Jection was tat te inuicunent did not say that U @ilence was comimitied with a “knife of no value,’ or Judge Barnara conceded that the counsel's ob; was a very pratseworthy ‘one, but did not consider that the prisoner’s case could be aifected by this course of admicting testimony, a8 had been done by the previous witnesses, Witness condnued—I saw & crowd of women and children on the strect lalling back, and I went out of the door; I saw a man pull open his coat and take a knife and stab anotber man in the back. on the leit side, upper part; he went away and I followed him ind saw officer Mooney arrest him; I cannot identily has eee as the wan who had the kniie; 1 never saw him before that time; I saw the knife afterwards at the station house and here Cross-examine:—] never saw the deceased before that time to my recollection; it was in front of No. 21; Golden's shop was about thirty feet from No. 21; my store 18 about thirty feet deep; I was near the door, outside the counter, when I saw the crowd parce: T heard no words at all; the crowd fell K Jost when 1 fot out; 1 did not seo foes ares Ls ve an Bee pee there; not gross t and the man followtfig him up; Padio fee ham stand: jog together; I did not see any one take Ryland by {h@ arm; the prisoner was on the sidewalk, about six feet from Ryland, when I frst saw him; Ryland was in the street, crossing; if anybody bad been at ti the street, holding Ryland uy the arm, I ‘BE OMe particular value, ag in the en the on; the Bt ‘as crowded Met se 2 old form of indigt ont Y grat dra the knife; ‘ue objectfol overruled, and i iret; at & secon: ted, vaste au 7” Cognac! ba Isaw Ryland; ¥ know wie tn Ww) As lea had a coat or hat on; ‘the prisoner had Fare country” clothes the occurrence I og “the prisoneg up to Park and Mulberry direct — pp Prnoner stepped quick after Ryland eT voney was next called, sworn and te: ficd:— ide at No. 229 William street; on tl of Juiy I was at the corner of Baxter and than streets; the prisoner was running tarough Baxter street; Iran after him and tired a ehot at him; 1 then struck him on the arm with my clab, and as he turned around I took aknife from him. oo identified the knife—a long, white handled snife, in a sheath, and having but one edge anda sharp point.) 1 was a police officer then; 1 have since ; the prisoner was waving the knife as he ran to clear the way; 1 saw the deceased afcer- wards; he had a wound, as of a stab, on his back, pete] left shoulder blade; he nad nothing in his c Cross-examin did not see the deceased when he was first brought in; a lady was coming out of the net yo the body bel ge aryeeg I Lal no part ; there was @ crow Shout where 1 epic. Do you kno‘ there was a feud exist! 3 Foca between the a mq hé empancligiz of Jud was" thei procsédea i, fade to arigid ‘Coan nearly ev juror was the ‘whether the fuct of ee 9 the deceased an Irishman would have influence on the score of nationality, one of ries Of the defence being that a fead — of tne peer rior thereto bet the Italian and Ir at the Sixth ward, ‘where tne homicide was 6 a ve Many peculiar incidents the examina- tion of jurors by the singularity of tueir rep.tes to challenges. A Filta avenue geutieman, when asked whether he had formed any opinion irom the report of the homicide which he bad read in the papers at time, replied that he bad ‘formed the opinion bome was killed” Another gentleman, an lite, ir being examined v; air. “uby, with .@ probably satsf Ri re- sponse to the cl AI that he haa ng ples against capital Corey Wl evidence Was sufficient Warrant it, be would find the haragner sullhy, even se the punishment sho deatn. Judge Barnard, who evidently doubted the compe- ‘Fer of oe ee ee @3 an impartial Trish and the Italian ? judge Barnard said he did not think that evidence 8 to whether there was a feud between two ditfcrent sections of people in a particular locality was admis- sible here My. McCarthy offered to prove thatabad state of feeling had existed between these two classes, with a view of showing that deceased had quarrelicd pre- viousiy with some Italians, and hi: deliberately crossed te street to where the prigoner and bis friends were to quarrel with them, erruled and exception take! Michael Si was called and sworn and testi- fled—i Was between Nos. 41 and 23 Baxter street on the 4th of July last; 1 was coming from Chatham stteet and there were three Italians talking and the deceased was, quarrelling with them; the Italians were saying nothing; the prisoner said nothing; there was some jawlug going on; then Ryland turned away and the prisoner drew a Knite and ran after him and a him nes naeks ne pee rag away and was caught by officer Mooney; je- ‘ceased ekiien and we dragged him up to the Cross-examined—I saw Ryland and tlie prisoner standing face to face; they were talking about a couple of minutes; the deceased was taiking to the prisoner; I saw the deceased turn to out in the street, and the prisoner followed him; 1 don’t know whether the prisoner had drawn his knife before tuo deceased turned away; Ryland was taiking louder than a man talks when he talks sensibly; Ryland was talking in English, but I can’t remember what he said; 1 don’t Know whether Ryland was making any use of his fists; he was about three feet from the tema he turned to run away and tho prisoner jolowed nny Be when Kyland gut to the other side of the street he dropped. Patrick Gallagher testified—I was with the last witness at the time of this occurrence; I did not see the stabbing; I saw the deceased on the street, near to the curbstone; I saw the prisoner run; I di not see anything in his hand. Dr. Wooster Beach was tnen called and testficd— cee 2 9 mortem on the 6th July lest of the a John Ryland, at the Sixtn precinc: station house; I found @ wound about inch wide on the left side of the back, beneath the shonlder Diade; 1 found the wound entered the pody and = forward, severing the aorta; the canse of eath was hemorrhage from this artery; there was an abrasion on his torehead, 1 should say from fall- on the street, 7 examined—The wound was about an inch ‘and a quarter wide; I can’t say how deep it was, as it terminated in an open cgvity; I cannot say whether the skail was fracturéd or not, as | did not examine it sufficiently; there was some ecc! ORS; the skull might be fractured. by @ fall on side- waik; it would require a heavy blow in any instance to iracture the skull; I can say upon oath that ¢ death tn this instance, in my opinion, did not result from the coptused wound; the wound of the sorta always terminates fatally; a fracture of the skuil does not always produce death instan- taneously; the deceased might have received tie biow on the forehead if an hour before receiving the stab wound, and a fracture might have caused death; as far as 1 can see the wound on the forehead did not produce death; one of the wounds wouid certainly produce death; the other might produce death if a iracture had resulted; I have never heard of an instance where with a wound like this sw) wound. a person livea for half an hour: it 1s impossible; this person must have died within two minutes; the hemorrhage wouid drain the whole system, *Redirect—It this stab wound were inflicted previ- ‘ous to the abrasion on the forehead [ should say the stab wound produced death: | think a person would fail from the shock at the instant of receiving sucha wound; he would die sooner than tf his throat were cut from ear to ear; I think he would die sooner than if his head were cut completely off. Ly ee! Dwyer was calied and testified—i knew Jonn Kyiand; | saw him afver bis death at the sta- tion house; | saw the wound in tis back; I was not at the inquest; I saw him the next morning; he worked until halfpast two o'clock on the 4th of duly. ‘Sroas-examitied—The jeceased =was not my nephew; | tried to pass into the station house as his aunt to see him; I was sworn at the mquest; I did not swear he was my nephew; Captain Jourdan called me as his aunt; L did not see him working that day; he came home and told me he was work- ing; he went out about four o'clock; 1 wanted him to stay in and have his tea with the boys, as it was the Fourth of July. Thomas Akin was next called, and, being teatiied—I saw no part of tus aifair; I saw Rylan that day, about three o'clock, at Mrs, 3 he wasted and shaved, put on his clothes and went out; 1 don’t know where he went to. The prosecution here rested, it being precisely four o’ciock, and . ned by Mr. Secartny in an able address, i WAS 0] . Mot in Walon he vet, out the theory of the deience, to the efiect that on the Fourth of July the deceased, with r, asked Whether, is the evidence was ng cient tu convict the r, he would return @ Verdict of “not guilty,!” the reply was‘‘No,” Of Bourse the actewnan Was requested to “step aalde,” In auother Case, when a uror was being sworn, being au isiaciute, LB pacea lis. bat upon his head. The audience, ignoraitiy enough, saw fit to laugh, and Snscomly deieator odburred thereaiter sosue of toe D r ‘parties induiging would be punished, oy ‘The folowing nawed gen e Compose the jury as selocted:-—buward A. Diggs, Peter W, Grefe, Scott Foster, Geischen, Natian Woriey, Herman F. ns eobald Leitsch, Ldward kneale, Edgar M. ‘e Johu D,. Moll, Henry Brinckmann and Chris saphe Yortey. udge iarnaré, before the trial was act com- Mecced by argument or eg stated ul in consequence of the great pum rot cases awaiting tial, lic desired if possible to finish the case yester- day. It might be, rere necessary to sit until lave stuight todo so; but iu it could not be finished, of sourse it would have to ran over till to-day. He wi |, the that all partes would do their duty by expediting the trial as much a3 was cog- sistent with propriety and justice. District Attorney Garvin then gpened the caso with an abie address to the jury, In which he claimed + Chat the prosecution Would show that in open day- hyn, on the Fourth of July last, the prisoner and the deceased bape brik bnven win Baxter turned to leave, the prisoner Airove a knife int6 his back, causing initant death. , t, and sed; Saw the deceased on the Fourth of iy u yard or so of the prisoner, about six o’ciock in the afternoon; | saw Joho Ryland and Uy man talking; i heard a tew words; I remember Kyland saw this man take out his knife Kyland weut to go away, and as he turned be callea the prisoner 4b——r; tis man then tuok out ns Knife ‘aud followed hun, and stack the Knife dowa in Ry- Jana’s shoulder, on the back; he held the knife in has Jeft hand; Lioliowed the prisoner, and near the corner of 1ark and Mulberry streets oficer Mooney Grew his revolver and arrested him; the prisoner had the knife io his nand then; I shbuted ‘Ouarder.”” Cross-examined—ivyiand ‘and 1 worked, together for about six months before that; I did nov know hun intimately and Was not a irend of his; tomy Knowledge tnere was no feud or bard feeling exist- dug at that tine between the irish aud Italiana of the Sixth ward; kyland was gece sober on that day; 1. don’ Know whether be had been drinking or not on that day; I had not spoken to him; the killug tvok piace avout twenty yards from my door; Tieft my vouse and went across the street, where 1 saw these two wen talking; I didn’t hear the votce o1 Fyiand til | Went across the street; 1 thought they Were quarreiling; they were both taiking; ine pris- oner took out tis kalie when | sod beside him; I faw Ryland first.crossing the sreet: he was coming down (hy street; | don’. Know whether he was going towarus the prisoner or Bet; the prisoner wus ou Wie north side of tue sirect and Rylaud was going to the orth side oi the street; there wasa young man going away with his arm lmked im Kyiand’s, when the prisoner iollowed and stabbed Ryland; f can’t fay who began the ersation; 1 don’t kaow Whether the prisoner 3 HKugleh; ft heard the de- cvased say, “iO away, you b——ry”’ there were no biows suruck; Lswear positively the Irishman didn’t strike bim; Ayland may nave raised his fists, oat he aidu’t strike the italian; | don’t know whether tc ltatian drew his koife before or afwr the irisuman. raised his fisia; there were three or four other Itaans there; Ryland didn’t put lus hand tm his pocket daring the whole tine; I mever saw the Italian before that day; | don’t kuow Whether deceased bad @ weapon in his pocket or not; the oner began to draw the kniie or drew tue knife before the deceased turned away; the de- ceased saw him drawing tue Knile and made to get away; he was gomge away irom the prisoner when he was stabbed; was running away; 1 had been where about a minute when the prisoner drew the knife; Lcan’t swear that the deceased didn’t dare the italian to fgat with him; L dou romember; t didn’t hear the deceased say “I will whip you, you goo of a b—h,”’ 1 heard the prisoner say something to tie Irishman, but Ll didn’t understand what he Said; Ldon’t drink at all myseil; i ama temperate man; 1 was temperate on the Fourth of Jilly. Veter Scanlan was next sworn and testitied:—I re- Side ac No, 70 North Moore street; | saw this occur- rence in Baxter sireet last Fourth of July; John Ky- land and 1 went up Baxter street to No. 14, where he worked; be went down to No, 23, and 1 was at No. 14; | then saw Ryland and the prisoner ing snd thought tere was gol} w bea ney A ied Joun to go away wil me, and sad “ an itailan, and they ars treacierous iellows;” we turned to go away and the tee put both hands on the deceased's shoulders ina aud stabbed him; it was @ jong knife, about tweive inches long; 1 followed the prisoner and saw him arrested; I saw Kyland prougnt lato the station house —_ iherwards; Ryland was walking away ‘with me and bad got into the street, off the sidewalk about twosteps, wien the prisoner bounced upon fim and stabved him, Cross-examined—I was living in Roosevelt street at the time of this occurrence; | had been over to Hudson City that day vo see my sister; | saw Ryland about three o'clock that day; 1 saw him in the house that day at 22 nooseyp!t street, whore he and | lived; i was nota drinkin@Pouse; | might vave drank ot ale that day, wut nothing else; I drank in rT street that day about Lall-past tree, and again ‘at another place avout hail-past four o'clock; L drank that day; 1 di Ryland ta Olver sireet; he took lag wi ther to Oliver strect and from there to 23 Koose- elt street; Kylatid had & coat on; when we left No. 23 we Want tip tO No, 10 Roosevelt aircet; No. 10 is a Hquor storo; | had @ glass of ale there; Ryland didn’t 4 in there atail; when | came out again L met bim; said he wouldn't drink; he was not mtoxicated; he tod me he had been at work that ye aian’t know he had had ree that day; he didn’t tell me he had quarretied with anybody: Ryland anit then (ook a walk around and went up to 14 Baxter atreet; it was about Ave O'clock When We got to Mj we bad po quarreis with anybody oh the way Ryland did pot go in to 14 Baxter street; | rema!ned pot more than throe filwates there; Ryland tad aeroes the street: he passed 14 Baxter streets most powertul, as he (coungel) proposed to show that Rea an he pony put his hand into me pocket, a8 though about to draw something, Giraido Prudents was the Srst witness called for the uefence, and, be sworn, ayy | th han fnterprever—i live at No. 13 Bowery; Lf have lived there four moths; prior to that tlme 1 lived France and Italy; 1 am asoutptor; I have known the prisoner a long while in tats L have known him ‘and his family; 1 am from Naples; 1 have known Magaldo mace Iwas @ boy; Magaldo comes from Naples; don’t know whether he has @ famity or ‘not; he had @ good character im iy; he was a ié man; 1 don’t know any of him in 18 Country. (inetano Pennell was next eworn and examined through an interpreter. He testiied—tI live at No. 13 Bowery; fave lived there avouy four months; pre- vious to that me ae Pires 1m Pe ' have known the prison.r about fot Cares Eitw nin in Paris: airs noignbors always sald ho had @ good charac! @ Was peaccuble in every- 4 fs on (he south sige of the ‘streets | don’t Know | thing. why Rylind cCrosted che 8 reot: he micht have | Frasdomco Tayaletto Was the next witness, and his wanted Lo aeequit tho Italtan, for altt w:Fdian’t | testimony betag interpreted, Wis a9 1ollows:—I live ask him; 1 dtd not try to detain i by word or \ »% »O Muloerry street; have tived there two act; L swear he Was hot invoxicated; he ercswd | years; prior to that time 1 lived at No. 19 Baxter i iy | & ei a ie 4 Hy 2 i i a i Eg is Hi j i 5 i i iid a Hy | fl 4 on the 1st of January, and then by means of false Keys openfig the safe snd stealing threfrom 2 4g an = el to hold no comi . Much to their disgust, the wrong King had been arrested, the risoner bein one of @ band of roving minstrels. ‘he oiiicers, after going nearly to New Orleans on a wild goose chase, returned to New York, and sub- sequently going to Cincinnati Captain Jourdan gave Chief Ruftin a minute description of the fugitive for was in search and everything connected with his history, habits, &c., but without then gaining er information ‘concerning the where- abouts of King, Again did the New York oficers return, day: id elapsed when Chief Ruffin summoned them to Cin- clnnats again tn great haste, it there in the night MeVord reported to search was made for King, alias Holproo! After several days and nights of hard labor the shrewd fugitive was discovered in his hiding piace and secared by the officers. Upon him or traced to his possession was found from Messrs. Cambreleng took in charge. Of the stolen bonds about $40,000 are still missing, but Captain J; of. informatic- sion alt a aoe | SO with larceny from the stole a silver watch from Morris Jacobs. * Counsel for ited the Record: till Wecnesday in order t! bkeral atidavite of good character ent. ond Gatknn was rica and convicted of burr- the testimony show! burglariously Emma Smith at No. 25 East street and le forty dollars’ worth of elry from her trunk. The property was recovered. rs arrested him at his room in Orchard burglars’ tools and skeleton keys were tound upon him. The Recorder imposed the most severe the law aliowed, which the State COURT OF GENERAL SESSIONS. Before Recorder Hackett, The court met yesterday morning, Assistant District Attorney ‘Tweed appearing for the prosecution. He disposed of the cases in a short time, and the court adjourned at an carly hour. ‘Thomas McMahon pleaded guilty to burglary in the third degree, the indictment charging that on the 27th of January he broke into the liquor store of Cunninglam, 99 Broome street, and stole fifteen dollars’ worth of cigars. John Williams, against whom a a, ing been learned ‘hat R tain Jourdan ad detective hief Ruitin and | im! ‘of the bonds stolen was a similar Pyne, which the officers ap attempt at burglary in ar inst, purg- room occu! Which , and sole & Ci sare ca ited man, enty-tive years o and bora in one of the New snaiend Stal ‘ho effected his arrest, Pre- cinnattl has led a very rec! made by the oilicers vioug to his fright and escape fro! King had hired a whole house, magnifi ed, and in which he lived like a prince with an acquaintance or two, of and he spent money with a lavian hand, in entertaining Iriends. The prisoner, ne ‘larceny, Wastaken before and committed to the Tombs for trial. Great credit is due to Captain Jourdan and. Chief Ruftin, of Cincinnati, as well tol hat tne might 80 as to on the 27th of January who is indicted for t room occupied by Recorder Hackett as the other officers in the case, for their vigilance and the case to such a successinl issue. King, alias Holbrook, will be speed- uty broughé to trial before the Court of General Ses- was five years’ im- | Both Dobbs an CALENDAR POR TUESDAY, The Peonrie ys, Peter Flaherty, Edward Segerson. John McGowan, burglary: dames C. Deviin, bigamy; Nelson, grand larceny; Dennis Curtin, INTERNAL BEVENUS. = rien Bs. iy pus neon jomas Mec ick, le hs ate ‘The Brokers to Fight Asscsvor Webster. Assessor Webster, after a severe attack of pneu- monta, which confined bim to his house for a couple of weeks, has resumed his dutses at the office in Cedar street. Tne vigorous prosecution of the raid commenced by him on the dolinquent bankers and brokers a few weeks since was necessarily tem- rarily retarded during his tline; convalescent he intends to “ assert the majesty of the law, independent of all opposition, come from On Saturday last CITY INTELLIGENCE, Tue Wearner YusTenpay.—The following record will show the changes in the temperature for the past twenty-four hours, as indicated by the thermo meter at Hudnut’s pharmacy, HERALD Building, Broadway, corner of but now that he 3 A. M. . sh things” and may. Mr. Webster lad an interview a lawyer, and Mr. Sloan, chair- ers, im reference to the pending this interview cannot for the present be revealed, but enough is known of it to state that the brokers of Wall street are determined to meet Mr. Webster at the threshold of the door he has opened, him to the bitter end before the courts. sessor; emulating the examp) mai now no more, tales laced his foot firm! luce him to swerve with Mr, John Burrill, Average temperature 10) DECEASE OF COLONEL WILLIAM M, Sa1TH.—Colonel William M, Smith, o prominent citizen of Selma, Ala., died at the St. Nicholas Hotel at four o'clock yesterday afternoon. KNIGHTS OF ST. PATRICK.—The quarterly meeting of this body will come off this evening at No, 734 Broadway. The arrangements for the grand annuat uet at the Astor House on the 17th of March completed, and the tickets will be distributed oa that he has thing his position until he ef- urpose, to wit, make the backsliders from the Internal itevenue law come down with the dust and pay their just taxation into the national Trea- sory. At the time Mr. Webster was seized with illness every firm amenable to the law had been summoned to appear before bim, and they all came torward nd to make their returns as required. his office on Friday juestion had omit- bad made taeir The attorney of of the Board of Brokers ap- ‘peared before the Assessor and stared that the; wanied to make a test case of this and evinced the! determination to bring it as speedily a3 possible be- fore the courts. Mr. Webster supposes that rites will resort to all the tricks and quibbles of the jaw available to promote procrastinati put pim to all the inconvenience possible, ‘their efforts, he thinks, will prove unavailing and will only tend to place the litigants in a worse posi- tron than they now are. Important Decision. Manutactured tobacco now in bond in bulk may be Tepacged in the bonded warehouse to conform to the presént law, and be removed in such quantities as will suit the owners. ‘Lhe manutacture of drums for smoking tobacco bewg a New Jersey monopoly, manufactarers of tobacco may ship their manafactured tovacco ia and repack in the bonded ware- honse, thereby saving the freight on the drums from and to this city, Which im many cases amounts to five cents per pound on the tobacco. THE REVOLUTION IN CUBA, Ladiew Association for the Beuetit of the Sick and Wounded—Concert at Steinway Hali— An Appeal to the Charitable. Panion No, 3, St. Jui.teN Hore.) New York, Feb, 22, lodv. To Te Eprron or THe HERALD:— War, flerce and reientiess war, has at last broken out in ont beloved country. The opponents of the wishes of the Cubans are Spaniards, and no beliiger- ent rights have as yet been granted to the former, For more than four montus the fighting has been going on in half of the island. Arnics of pairtois more or less numerous, more of less well orgunized, all the while have been moving through the be Encow very often take place between the pat- Tiow and the Spanish soldiers, and alihoagh the tor- TuE Boarp oF Heatru.—This Board held its usual weekly meeting yesterday. The Sanitary Superin- tendent reported that the Ragged School and Bread House, located at No. 227 Greenwich street, was in a , and unfit for habitation and larris made ead on detailing his visit to the ed at the conclusion that ted t make thetr ret monthly returns, a8 they had in direct violation of the law. the lime-burning nuisance, infected districts, and is a source of oifensive and defilement and poisoning of the atmospnere the chief of which le of ammonium and sulphuretted nydro- gases flash over our ci is states of the atm eir suffocating and as Madison avenue. ealth, and at times they are nearly as offensive to the smell as the foul odors which arise from decay- badly managed “rendering kettics” Action was deferred & lous compound ey are injurious to ing offal wherem such offal is boiled. for the present. ‘Tae ContesTED ELECTION Cases.—The session of | the Assembly Committee on Contested Elections was resumed yesterday morning at the Metropolitan Ho- tel, H. B. Smith presiding, and additional tesumony was taken in the case of Frederick Zimmer against Timothy J. Campbell. Joseph H. Ellery, witness for the contestant, ewore that seventy-two illegal voters dalloted m the Sixth district, Thirteenth ward, of ‘whom forty-two were Illegally regietered and thirty were repeaters and non-resiaenis. Six witnesses, who all testified that the oa, Vincent Duik to this city voted for Zimmer, were Clark produced the orig- era? books, which were opened examined by committee and counsel on both sides. counsel for Zimmer, produced the Con- hy ‘armpbell received only 150 votes in a particular district and returned 24. J. C. Julian Limeburn, one of the poll clerks, de- posed that 416 votes were polled, 415 of which were for Member of Assembiy; made @ return té Police Headquarters, which could not then be found; did not recollect whether Jennings got any votes or not. Other antmportant testimony was taken. The Et investigation will probably occupy Uli Friday Fine IN WARREN STRRET—Loss $25,000.—Abont three o’ciock yesterday morning a fire made tts ap- pearance tn the fourth Noor of No. 42 Warren street, occupied by Newstadter & Brothers, manufacturers of clothing. The firm had a large stock, which was damaged by fire and water to the extent of $15,000. The first floor is occupied by Lodenheim, Mayer & THE ELECTION FRAUDS IN NEW. YORK, greasmen Lawrence, of Ohio; Blair, of Michigan; Dawes, of Massachusetts; Dickie, of Pennsylvania; Kerr, of Indiana, and Ross, of Ilinois—two of them being democrats and the rest republicans, ‘OPENING ‘TESTIMONY, The first witness called was Marshal Murray, Whose “testimony, together with that of Messrs, Simms, Butts, Reynolds, McDonald, Barton and Shirley, relates to the Rosenburg naturalization frauds, and 1s merely a repetition of what has al- ready been presented to the readers of the HERALD, when the matter was up before the United States suthorities shortly after the election. Next follows the examinations of Messrs. McArthur and Reede, who were inspectors of election, and testified that certain fraudulent papers were presented to them about the time of the election, but which were not voted on, Then the parties named in the papers followed by testimony tending to show that some persons gave them +0 them, but who those persons were they were unable to tell. Messrs, Black, Mit- chell, Bogart, Hewett, Barrett, Beeny, Springer, Arnoux, Young and Gena, all of whom were elec- tion officers, testified to there being irregular offers of wrong certificates which came from the Rosen- ‘berg shop. Marshal Murray was then recalled by ‘one of the democrats and gave testimony to the effect that uf he was Superintendent of Poltce, in- stead of Kennedy, he would entirely prevent elec- tion frauds, The Marshal also gave his vjows of Mr. Kennedy in manner not ai ail complimentary to that high aud mighty functionary. Messrs. Cruger and Sth employés in the Marshal’s office, gave ‘7 as to the ootaining ot jrregular papers. jesars, = one Charles Ed beer juarters of rere. exam: to show the kind of busi- ness which was done ; but very little . Ne: 3 0. . 5 examined as to his: observation of allezed rege larities in the Supreme Court room. Messrs, Ht brech, Wolfe, Hurelle and McLaughlin testified bad hoiniSoe — Norton Lan recagrvoseind Papers ithout going upon which, however, did not vote. Mr. Gol who was clerk of the Ronenbere committee, show that nearly all ionic ees poasentod were of nted were of an er ana papers, upon whieh they were requested (o register and vote; but there 1s no testimony positively show- ing that any of the certificates thus traded upon were used at the election. ‘THE COMMITTEE DIVERGE INTO LOCAL POLITICS. day preceding particular! as to mation election day a8 Mayor York and in reference to various of the election. In answer to the question, “State what evidence you had at or prior te tue time of is- guing this prociamation that threats were made agenst naturaitzed citizens,” Governor Hoifman answered:—‘“Before answe! that question I should like to Know whether object of wis in- jury is to question the or Wisdom of my pro- dlamiation, Because I do not Tecognize the right of on Governor Hoffman's _testimon occupies thir- teen pages of printed Boot, He was ‘aeclon Ga New naturalized D lating to the were wisdom or poilcy of actions as MayorI donot ‘to answer it, and I shoud like to have it en! on the munules greece nape Samuel J. Glassey, ue the Union Le ed, and gave tes motives of the Union League co.nmittee in this in- vestigation were honest and advisable. Joun A. Foster, jadge advocate in the trial of Wirz, of An- dersonville notoriety, gave testimony siunlar to that of Glassey. Mr. Montague Richard Leverson, who swore he was a member of the bar of the United States, was cailed in behalf of the Union League. Being asked to state to what extent his attention nad been turned vo the subject of the exercise of the e.ective franchise and the laws upon tat subject, he answered. “For the last eighteen years my attention has been specially devoted to what may be termed the philosophy of legislation, I am ‘a disciple of Jeremy Lentham, the great father o: the modern school of legisiation, and have had the benefit of the personal teaching of John Stuart Mill and William al After tus dash he was asked to stale what occurred under his observation in the New York coarts, and in answer put in @ statement which he aait ho prepared for the New York 7ribune of - tober 24, 1868, and wh'ch he now swears is true. An oljection to the admission of this statement was taken aud overruled. Then the witness went on to retul the statement, giving an account of the doings of Judges MeCunn and Barnard at thelr evening ses- , Where, to use the witness’ own phrases “Taey ‘grinding out naturalization papers.” His tes | timeny, like Lis statement in the 7riwune, is so ver+ bose that It occupies nearly twenty pages. The ob- Ject of bis testimony Was to prove that the Juages ‘acted with undue haste and & disregard of mer may not aiways stand the ground, as their policy Co. a8 & hatdware store; they sustained about iiood te spit wad $2,000 damage by water. insurances:—Newstadter 1, $6,000; Mechanics and ‘Traders’, 10,000; Western, of Buffalo, $5,000; ; other companies, $20,000; total, stock before Bodenheim, Mayer & Co., The following are y others many co sick die for whieh no money can ment holds ali the latge maritime wwns on he In ofder to remedy this evil as much as ts in the power of women to do, a large number of the Itdies of Cuba residing in New York have forme ciation under the name of “The Cuban Ladies? Asso- ciation for the Reilef of the Sick and Wounded ip bay, ds the Sparish go’ 000; loss, $16,000, stock—Grocers’, $2,500; Lafayette, ¢ chants’, $5,000; On North American, (Conn,), $5,000; 000; Commerce, Albany, $6,000; $5, Nicholas, their loss was . Stevens’ loss on butlding, $1,000; in- sured for $20,000 in variqus compantes. POLICE INTELLIGENCE. and promote t! ting medicines, bandages, lint and surgical instruments for the sick and wounded Cubans tn the ‘AS @ means to acquire needful resources the Caban Ladies’ Association Executive Committee have give @ grand instrumental and yocal concert on the 9th of March next at Steinway Hall, and tue tickets are now for sale im the hands of the committee and therr Inends and the St. Julien Hotel, Washing:on place. success thus far obtained they feet encouraged in their efforts, and hope the preas will ald (iem with For this reason J} have been charged by the Cuban Ladies’ Committee to request of you the publication 1m your Vainable paper oF cr present care E v Antne? OF AN ALLPOtD Reve Tarke.—At a late | Friftay night, the propeller J. Hasbrouck, lying at pier 36 North river, was by thieves, who sack of wool aud carried away one-half of it being owned by Mr. night Madison Mar- key, eget 8 cs oe ying ye on same hyd saw Charles Morriso an sixty years of age, L. Hasbrouck and inter- valued at $120, the George W. Pillin. WO UPON THE GERPLIS AND CHARLESTON RAILROAD, {From the Mobiie We learn some which ocourred A party ot five of Bix rowing off the track and Joka. The sheriff some means obtamned intelligence depredetion, and, ae ‘was responded to by out heriire party, several of whom ed the fire, and two chat of the named Jack Da fone jack Daven- TY ianog A charge was then morning, te prison ard at une depot, m aan lying on the an exctting affair joming county. men, understood to fo rrom the line hes ket Police Court, and preferred & complaint against Samuel Bevington, whom ho charged with setting Ne ety oe et ot Oconee Inst, has been obtaming evidence in the case ae that period submits the vorge Buxton, wout & Co. Mr, #1 etmployment of the acon him instantly. nado, and three of the gat two others escaping. Tues ers were under au efficient Burnsville, the bedy af whe mploy of Messrs, Daniel Newnan, im the and Mr, and Mrs, Phineas in support of the | we formalities, such as the witness thougat the, owut to have had. One or two days were exhaus' ia examining County Clerk Loew, his deputies, Mr. Jarvis, Clerk of te Court of Common Pleas, Mr. Sweeny, Cy ee Superior Court, ae a depndes, to show how many \- cakes ‘were granted immediately prior to the last elec tion, and in reward to the handwriting ta which the signatures were and the mineness of the seals, George Biss, J7., another lawyer of the Union League Club, gave testimony as to what had observed aout election ime in the matter of naturalization and voling, coming preity conclusively to the con- inst and. te, Young, was. entirely “too ily at voting was cratic.” For several days afterwards the same kind of testimony in regard .o the obiaining of irregular naturalization cerudcates by pretended voters, aud of their being ped by the registry was given, all of which occaples about naif of the printed testimony. The commiitee having dismissed: the question of trandalens aren ed their attention to that of “repeate meaps whom it was alleged fraudulent voters had been manafactared. TOW THE “REPEATERS” OPERATE, i | | One Wiiliame H. Hendrick gave testimony on this 1, assuming to expose the whole machinery of repeauing” inthe city of New York, which is very interesting. According to his statement “repeaters’’ | have a regular captain, Who enrolls thetr names in @ book winch has at the end of each name two spaces, One of these spaces is the party 1s to register and soe location of the and places ifs i ll innit iS fl He aft li | ately papiicly read in the MAYOR HALLS A. Oakey Hi: called: to the sland sna author of an see : : Fe ag be remembered, so Superintendent Kei sionera, Mr. Hawley was asked San census taken for partisan pet it was quite oth ads in. ae election. i there was any "Police, prior to. the 4 1 ‘his census, he said law, unless it was a manner of was acrime. After testify! was allowed to go, leaving STATE O¥ THE POLL AND REGISTRY BOOKS. amined was ‘no such wo a8 to is politics books bebind him. wil of names were registered which were uot voted upon and as residing at houses named did not reside. Several republican chal! regard to the actions alleged fraudulent voters on election day. NEW YORK JUDGES ON THE STA’ Judges MeCunn, Garvin and Brady examined as tothe mode and manner and the celerity with which it could be done, wit the ot showing that the Judi pinion that expeditiously than were severally ‘of natural! and Garvin were rather of 0} tion could be done more to the unnaturahzed Now York. Evidence and examiners to show to one hundred and same two witnesses relation ari residents of the city was also given fifty navuralized persons had THE DEMOCRATIC SIDE OF THE CASE. The democratic members of the committee pro- witnesses to show that tie same species of naturalization was done by the reputiicans, who also issued tickets, as was done by the democratic committee, that the republican party used eaters” a3 well as to CRIMINATION AND RECRIMINATION. A dares weiner 9 were examined in & many of wom direct! other the same as fs usual in trial examinations beiore invesiizating ‘are occupied with testimony estchester and various western naturahzation any direct act of key, who tested Russel before be was ord, aud tha: the latter fo bis place. He was taken attachment. He clerks in Judge Ruszel’s office many nhaturatization papers to the Supreme Court C office certificates named in them x: in the papers were made j amnggp te oeg ) we obtained of frand ha 1s that of one John dicviusi that he was cierk to J E Ei in 5, Arrest of Recusant Witnesses. Fisnxitt, N. ¥., Feb. 22, 1899. John H. Pell, of Middietown, and David W. ieeve, an inspector of election in the town of Wawoyanda, it democratic poli- early this mornig under arrest and in charge of the Sergeant-at Aruis of tho House of Representatives, en at Mee aod auswer questions eat Investigaung Coufmittee. Hugh Cannon, James Eliery and Peter Mullen were arraigned before Judge Cornwell, yesterday, ona lien of bis poe ile te Was crossing on street ferrybouts oa charge of robbing Hugh J. C containing a wh board of one of the Saturday BuxcLary.—Bemamin Kingsley, William Barton and James McFadden were taken before Judge Corn- well yesterday on a charge of burglary, they having vrokerinto the tobacco factory of Simon Arenbery, No. 146 Jay street, a few since, They carried aclars wot of amoking aud verdict of death from disease of the heart was ren- dered. An inquest was heid by voroner Whitehill esterday afternoon over W of James Quin, deceased . ATrEMrrap Svicipr BY A Youxo Gret.—Emina Bien, aGerman girt twenty-one years of aye, at-\” tempted to drown herseif at the Fulton ferry yester- | day afternoon. It. spaces she 3 from the bridge janation in regard to fen” that she had been live) nele, Julus Bien, 9s that evening last ® young man named Wilitam Hussey! corner of Fourth street