The New York Herald Newspaper, March 1, 1870, Page 5

. | : Se eEEEEEEESEEEEEEEl THE BAILBY. WHISKEY RAIDS, THE FULLERTON CASE. Motion to Further Postpone the Trial to April— Sickness of Defendant's Counsel, Mr. Charles O'Conor, the Cause—An Important Prper Not Proourable —Jndge Pierrepont Resists the Motion—The Trial Peremptorily Set Down for Monday Next. Close of the Prosecution in the Cook- Farrington Case, : ‘The case of the United States va. William Fullerton came up rather unexpectedly but very oharacteris- tically yesterday before Judge Woodruff, on a motion for a still further postponement. Since tne initiation Of the case in the United States Circuit Court by the Presentation of a true bill of indictment against the aefendant there never has been a case on tne docket of the court 80 obstinately, persistently and success- fully resisted, whenever called on for trial, as this. Postponcments followed fast on the heels of post. ponements, though every step of ground was con- tested py the then United States District Attorney, Mr. Samuel G. Courtney. That good grounds were not on all previous occasions advanced for motions similar to that made yesterday is not to dountea, but none could be possibly stronger, and certainly none more to be deplored, than the one presented yesterday—the serious illness of Mr. Charles O’Conor. It was upon the ground of this eminent counsel’s illness that Mr. C, A. Seward moved tor Postponement of the trial till April next. Among the talented counsel present on the occa- sion were#Measrs. Stoughton, Burrill, Anthon and Seward for the defence, Mr. Charles 0’Conor, as before intimated, being absent in consequence of severe illness, Mr. Seward, on behalf of defendant, formally Moved, on the afidavit of Mr. Fullerton, the accused, together with the reading of a statement ketiing forth the serious illness of the princtpal counsel for the defence, Mr. Charles O’Conor, for the further postpouement of the trial of this case till April next. It was urged by counsel that Mr. O’Conor had been entrusted early in the consideration of the Gefence with most important papers—papers, in fact, vital to the defendant’s case—and which were still In the possession of Mr. O’Conor and could not be procured :8o as tobe used or put in evidence within o time briefer than April next. Under these circumsjances counsel pressed for the postpone- ment of the cage tll the first week in April. Mi. CHARLES 0'CONOR’S STATEMENT was then read. He states that he had been agsoct- ated with Mr. Fullerton in the profession of the law; that he nad taken up the case, and dia not receive and should not reccive apy compensation for his services; that he had examined all the evidence against Mr. Fullerton, and that he had not deviated, he betteved, from any principle of law, morality of ‘honor in the matter. OPPOSITION TO THE MOTION, Mr. Pierrepont, United States District Attorney, strenuously opposed the motion, and in the course of his address to the Court gave a histery of the case as he could remember it and as the prosecution desire to Present it, with @ running sketch of the innumera- ble times tie trial had been postponed, This Fullerton controversy was fust drifting into as great 4 mystery as all the circumstances and causes of the Schieswig-Hoistein war, which to-day puzzles the mewory of the ablest statesmen and dipiomats ot Europe. No doupt the readers of the HERALD may imagine that they have made themselves mas- ters of ail the points at issue between the govern- Ment and the deiendant. But after all, if brought to the test, they would no doubt exclaim, like Lord John Kussell, who, when approached for information as to the cusus belli in Schieswig-Holstein, sald unet the only three men who pretended to Rave ever kDown anything about it were two others and him- 8cli—tne two had died and he had forgotten all about it, So with tals case Ull its resusctiation a few Weeks ago, when the trial was set down for to-day. Judge Pierrepont, in resisting the motion, con- tended that the motion now made putting off the case to Aprii meant nothing more nor less than an imaefinite postponement—a virtual abandonment, in tact, of the case. ‘The tirat Tuesday in March nad been peremptorily axed for the trial, and now, whea ell the witnesses had been subpoenaed, at great expense to the government,, to appear here to-mor- TOW, NOW, at the last moment, comes the stereo- typed motion for another lengtuened adjournment. Mr. Pierrepont, in conciusion, made an urgent ap- peal to the Court to permit no further obstacies to be intervened for the postponemeut of the trial, Juage Woodruil took the papers presented and then entered ona brief review of the various ad- journments that bad been already grauted in the Case, aud the reasons from time to time advanced for the same. He did not (he said) believe that the absence of Mr. ©’Conor, througa any illness or any other cause, was usuiicient ground for tue postpone- ment of the case. The defendant, an eminent lawyer himeelf, had tue ald cf namerous other most able counsel employed i his detence. He (Judge Woodruf) thought tuat surticiert diligence or desire nad nos been extvited to procure the missing documents, §0 much relied on for tie defeuce, and which it was id were in the special custody and safe-keeping of Mr. O’Conor. Under all the circumstances—recog- nizine the fact (woich caused him personally mach pain) the illness of Mr. O’Conor and the necessity of Ue production of the missing paper—he would post- Pone the trial of the case for two days. Mr. Sioughton, associate counsei for the defena- ant, made 4 pressibg appeal to the court in support of Mec, Seward’s mouon for a postponement tail April next, but succeeded only to the extent of put- lung over the case till next week. Judge Woodruit said that uncer all the circum. Btances of the case, and as he 1s determined to try it, he would 80 far accede to the motion tor post- ponement by ixiug Monday next jor the trial, upon which day 1t would be peremptorily called on. Mr. Stoughton—i hope your Honors will not depar ‘Bs from the privilege of maxing a motion for a fur- ther postponeinent then, if necessary. Judge Woodruit—it will be vine enough to discuss the point shoutd such a motion be made. ‘The court then aajourned. THE COOK-FARRINGTON FRAUDS. Close of Testimony for the Prosecution Motion to Disiniss Dented—Commissioner Bett’ Review ot the Evidence—The Case for the Defence Ovened—Adjournment. ‘The case of the United States vs. Martin R. Cook, of the firm of Gordon Fellows & Co., which has been under examination for several days past, was yesterday resumed before Commissioner Betts. Before tne adjournment of the case on Saturday last Mr. Carter, one of the counsel for the defence, moved to dismiss the complaint, on the ground, as alleged, that no case had been made out against the @etendent by the testimony tor the prosecution, MOTION DENIED. Commissioner Betts then refusea the motion on ‘the following grounds:—First, that the two returns, differing in amount, of the luspection of 133 barrels of whiskey offered by the government in evidence against the defendants related to the same spirits, ‘unless the defendants shall explain their extraordi- nary coincidence. Second, It appears from this that Farrington knowingly furnished and Cook know- ingly held two diferent returns of gauge of the same spirits, differing from each other by about 500 galions, and by one of which returas Cook was placed in a position to be enabled to withdraw the spirits at @ tax on a less amount thao by the other return he would appear to be the owner of. Third, that in reference to the claim on the part of the defendants that, if one of the two vo- turns be false it devolves upon the government to prove that the one on which tax was paid was the false one, and that that return must be presumed to be the true one on account of its oficial character rather than the other, which 1s merely personal and private. The Commissioner held that when tie ac- cused gives different versions o1 the transactions with which his alleged crimpality 1s connected it is always treated as a circumstance of suspicion, and, 1n itself one of the indications ofguilt. Fourth, in considering the case of Cook, the main question presented is, as to the effect of the entries tn the books. The substance of the ccntents of the books, as offered, is that Cook states to Docherty, mn the course of deaungs with him, that the 133 barrels contained 6,425 gallons, the amount rendered in the larger returv, and also that Cook had paid ibe government tax upon the Waole of this number of galious. The government also shows that Cook presented the withdrawal entry Tor this same 133 barrels at a less amount by 500 gallons than that above named, and the Commis- sioner was thereby compelicd io wier that the larger return contained the true statement; and 16 therefore results that the smaller return was faise. This evidence satisfies the mind of the Commissioner that Farrington, a United States Inspector, made to Cook @ faise return, statlag the spiriis—in tue ab- sence of any explanation—in tne 133 barrels to be 600 gallons less than the true quantity and less thaad he knew it to be; aud that the return was prepared by counivance of Cook, witi intent to enabie Cook to withdraw the same, on the payment of a less amount of tax than they were Teally hable for, aud tuereoy deiraud the govern- Ment Of the Umted States. ‘The motion to dismiss is therefore deni AN ADJOURNMENT DENIED—TUE Ds On the case being called on yesterday Mr. Phelps NEW YORK HERALD, TUESDAY, MARCH 1, 1870.—TRIPLE SHEET. asked the Commissioners that the examination be poned until Mr. Iierrepont could be present. @ said that tne District Attorney desired the ad- Renee as he was engaged in another case down a ‘Mr. Carter, one of the counsel for the defence, objected vo any further pegienquiens of the hear- ing. He supposed that the government would be to go on, ‘The Cowmiesioner thought that the able Assistant Distriet Attorney could attend to the case, as the de- Jendant was entitied to a 8; ing. Mr. Carter then proceeded to open the case for the defence. He sali that the case was being tried in the pe apaners, ‘a8 well ag in court, and to the disad- van! of the defence; said that the 133 barrels of “BE, & D.” wines were withdrawn from boud by Gordon, Fellows & McMillan, and filty barrels of it used, with osher materials, to manufacture 148 barrels of “Shield’a Bourbon” for a Mr. Docherty, Qnd the barrels of whiskey delivered to Docnerty Contained more than 1,000 gallons more than was in ‘the 133 barrels at the ome of their withdrawal from the tia barrels of highwines ‘changed inte eiaeiag e o wines into “ 's Bourbon," bus he was mistaxen, George A. Fellows, a member of the firm, was called tor the deience, and testified that the 133 barrels of highw: were sold to Docherty while in bond, and were withdrawn by witness’ firm, with the understanding that the tirm was to withdraw Be hi transform them into “shield’s igiwines and D.' Farther testimony was given for the defence, the object being to show that tne 148 barrels, which were sanposed, to contain only the nighwines for- merly contained in the 133 barrels, really contained about 1,000 gallons more, on account of additions made to alter and reduce the proof, and that, there- fore, the jacts of 148. barrels containing about 1,000 gallons more than Farriugton returned as contained in the 133 barrels at the time of withdrawal, and of Docherty bewg charged by the firm for the tax on the additional 1,000 gallons, were no evidence of a fraudulent return by Farrington, or of collusion of Cook with him to procure such a return. ‘The further hearing was then adjourned, MONOPOLIES AND COMMISSIONS IN JERSEY How the Taxpayers of Hudson County Are Fleoced—The Boulevards a Gigantic Griev- ance—Outery Against the Gas Mono- poly—The Legislature Invoked. There is not a community in the entire country that suffers more from oppressive taxation than that district of New Jersey fronting New York, and known as Hudson county; and go far from any pros pect of relief being afforded, the taxpayers are about to be loaded with the Boulevard scheme to the tune Of $8,000,000, with all the extras which future sup- Plemenis to the act may involve. The Boulevard Commission, comprising & few magnates of Hudson county, was created a year ago by tne Legislature for the purpose of affording broad highways to the people of the county; but the commission had hardly got under way when it leaked out that the Proposed improvements were nothing leas than @ grand avenue scheme, which would be highly ad- vantageous to the drivers of fast horses, Nicolaon pavement contractors end the owners of lots on Une Bill, but of little value to the poor taxpayer compared with the cost. The job was such a gigan- tic one that several small rings were formed within the princtpal ring for the purpose of sharing in the plunder. A few parties interested saw fortunes Within their grasp if the project could be carried out. But within the past two weeks the people awoke from their siumber and the Citizens’ association of Bergen led off with ashot at which the poulevard craft hove to, Petitions are being signed all over the county calling on the Legislature to repeal the act. The Boara of Chosen Freeholders, who at first recommended the pi of the measure, way oefore the public agitation, and at a special meeting passed a resolution ling for the repeal of the act. The poulevard swindle is the G question of the hour, and before the close of the next week its epitaph will be inscribed at Trenton, if the people want avenues the Board of Frec- holders can carry out the work without the help of commissions. Public indignation was never more emphatic and overwhelming, and if it be found necessary to give further proof of this the Execu- tive Committee of the Citizens’ Association promise to call & public mecting. Petitions are also being signed throughout Jersey Oity praying for the intervention of the Legisiature in the case of the gas monopoly. The gas bills for @ given supply and a given time are frequent! doubled, and no explanation or satisfaction vouchsafed to the consumers. The gas is of an in- ferior quality, and the meters are sv controlled by the agenis of the monopoly that errors have been frequently detectea by persons who took the trouble to have them examined by disinterested in- spectors. ‘Ihe petitions will be presented to the renery ee during the present week by Mr. Bevans, ind it 18 expected that w bill will be soon introuuced to remedy the grievance. THE NEWARK POLICE CONAISSION. Permancnt Organization of the Board—Colo- nel Peckwells Nomination for Chief Con- firmed—Kesolutions and Resignation of A. Andrew A. Smalley. The first regular meeting of the members of the Newark Police Commission was held last evening at the police station im William street of that city. Moyor F. W, Ricord, being a member of the Board ex oficio, was called to the chair. He stated that the first business before the meeting was the eldttion of @ permanent organization, whereupon Commissioner David Anderson was chosen permanent president, and Commissioner Andrew A. Smalley chosen secretary. The Com- missioners then proceeded to draw lots for the long and snort terms as required by law. The result was as follows:—David Anderson, one year; Hermann Schalk, two years; Jonn Dwyer, theee years; Andrew <A, Smalley, four years. The Board then went into an election for Chief of Police, and Colonel James Peckwell was the unant- mous chotce of the Board. A resolution offered by Commissioner Dwyer was passed, to the effect that the Mayor should band over the office and eifects of Ontef of Police to Colonel Peckwell on the ist of March (to-day). Mayor Ricord offered a resolution, Which was passed, tnat the peers rules governin; the police force shout be retained until new regulations should be formed. ‘Then came a resoluttoa offered by Commissioner Schalk, likewise passed, that all applications for positions on the force shoula be in writing, signed by the een himself and prominent citizens of his ward. Commissioner A. A. Smalley then presented his Tesignatiou as a member of the Board, stating as o reason that It was an imperative duty to himself and his business that he should so do. It was most reluctantly received. The Board then, without naming any other officer, adjourned, probably to meet again next Monday, When the other officers will be appointed. The Board thus far has shown @ dispositiqn to carry out lig intenuons as expressed at toe informal meeting of last Saturday, exclusively reported in the HERALD. HAYTIL More Shooting—Arrival of the Dictator and Severn—Kumored Sinking of the Narras g@anset by the Haytien Steamer Pequod— The Elections—Tho New Minister to Wash- ington, Port av PRINO#, Feb. 19, 1870. The seventy oficers and supporters of the late Salpave government who were being tried at tue date of last advices have all been found guilty of the charges preferred against them, and twelve of them have been shot in accordance with the sen. tence of the court. The remainder, among whom are tiree women. await the orders of the President, ‘The United States tron-clad,Dictator and her con- Sort, the Severn, arrived here trom New York on the 8th. A report was currently believed here that the Haytien steamer Pequod had engaged the United States steamer Narraganset, off Cape Haytien, and sunk her. The Severn was sent down to tuquire tuto the circamstances, but finding the story @ canard, returned to this port and sailed in company with the Dictator onthe 16th for Samana. ‘they were seen oir the Mole on the 17th, Donspa Petit Noce, one of those senteneed to be shot, escaped to the Dictator on the day sue sailed, Although the election for Presideat, &c., has been fixed tor the 1st of March itis yet very uncertain as to who is the most popular candidate, and it ts feared tat serious trouble may arise ere the ques- tion 18 decided. Saget 18 considered too o'd, and therefore incapable, Aijexis Nord is favored by some, but the South objects to him. Domingue is very unpopular among the masses, particularly so with those who had a leanmg towards Salnave. Brice is spoken of in some quarters, and is rather popuiar with the young men of the South; but the North 18 opposed Lo him on account of his yout. By a decree promuigated by the provisional gov- ernment ail the laws and acts made by the late Legislature of the defunct governmens are declared null and void. Anotuer decree orders that the charges for licenses for merchants and others doing business here shall be increased fivefold, owing to the depleted state of the treasury caused by the recent extraordinary expenses, United States Minister Bassett has saved the lives ol twenty-two persons, and shipped them away by different vessels, $ Mr. Stephen Preston has been appointed Minister from here to the United States, Gold has again ed, but the shipping in port finds it very aiicult to.obtuin freights, THE DAY OF DOOM. THE PURCELL-KIERNAN TRAGEDY. The Late Fatal Shooting in Sheriff Street—Trial, Conviction and Sentence of John Purcell for the Murder of William Kiernan—He is Sentenced to be Hanged on the Same Day as Jaek Reynolds—The 8th of April the Day of Doom, As soon ag the Court of General Sessions was opened yesterday morning the extra panel of jurors summoned for this week was called, after which District Attorney Garvin stated that he was ready to proceed with the trial of John Purcell, indicted for murder. The prisoner, who ig @ young man, was defended by ex-Judge Stuart, There was very little dimculty experienced in obtaining a jury. Purcell is charged with having caused the death of William Kiernan on the 24th of May last, by shooting him witn a pistol im Sheriff street. The case did not attract much interest at the time, OPENING TRE CASE. . The District Attorney, in opening the case, said that 1t was one of momentous importance to the prigoner and aiso to the public, Society was so con- stituted that it could not be kept together, nor pro- Perty and life preserved in apy community unicss punishment was inflicted upon the violators of the law. He said he expected to prove that the prisoner and the deceased met, and after some angry conver- sation he shot nim through the head with a pistol; that when he was subsequently brought to the station house he said he hoped Kiernan was dead, Ubat he meant to kill him, and that he could swing at the end of a rope as well as any other man. THE TESTIMONY FOR THE PROSECUTION. Joseph Denner, the first witness called for the prosecution, sald that on the evening of tne 24th of May he was passing 109 Sherif street; saw the pri- soner and the deceased and five or six more stand- ing there; William Purcell, the brother of the pri- soner, pulled off bis coat and said he would fight anybody there; the prisoner then jumped up and said he would get bung for somebody there, and that moment he fired the pistol; the deceased turned round and bit young (Wullam) Purcell before the shot was fired; 1 saw tne prisoner point the pistol, which was a aingie barrelled one, at Kiernan, who fell down; the prisoner started to ran and 1 followed im into the Eleventh ward station house; 1 heard Kiernan died five minutes after he was shot, Cross-examined—At half-past six o’clock in the event ‘iham Purcell and # young man named Roboy were going to \t; f told them they had better stop the business; I did not adjoura the fight till nine o'clock and had no bet on it. Fritz Fieler testitiea that when he came tothe scene of the disturbance John Purcell and William Kiernan were Cert e 4 together; William Purcell said to Kiernan, “Pi fight you, you s—n of a b—h;’? Kiernan struck William tn the face and at that mo- ment John Purcell shot Kiernan through the head; I saw the deceased dead an hour afterwards, Cross-examined—I heard nothing of young Pur- cell and another boy fighting for a bet; 1 did not hear what was said between the parties before the sbot was fred. Dr. Beach, who made a post mortem examination Of the deceased, stated that he found a pistol shot wound in the side of the head, the ball having enterea the brain, witich must have caused almost instantaneous death, Robert Curtis was called and said he did not see tne shooting. In his cross-examination he said that he saw Kiernan that eveaing oa the corner of Stan- ton and Sheriff streets, about half-past eight o’clock, and he wanted him (Curtis) to fight with William Purcell; the witness went round tor the purpose of tighting witn Willlam Purcell; be waited at 105 Sele ‘street, and did not Know what was going on al Sergeant Thompson testified as follows:—I was in charge of the Eleventh preciuct station house when the shooting occurred; @ little after nine o'clock John Purcell came running into the station house, some citizens chasing him; he had a pistol in his hand; I ran from behind tne desk and asked what was the matter, seeing the excitement; soue- body made aremark that he had shot a man; with that I saw the pistol and asked him if he would give it to me; he said, “Yes, Sergeant, I will give it to you;”’ I took it and laid it down on the desk; 1 then asked him if he had shot him, and he said, ‘Yes;!? Tasked him who he shot, ana he said he shot Biily Kiernan, the hog thief; I asked him if he had killed him; he said, “If I have not 1 intended to; he licked me and my brother, aud L meant to kill him;? with that an officer came im and I told him to go ont and see if there was anybody connected With it, and Mf they were to bring them in; in the meantime I stoid Purcell to sit down by the window and I stood aiongside of him; shori afterwards there was a citizen came im and w! pered and told me that Kiernan was dead; 1 walked over to Purcell and said, “You have suc- ceeded tn killing your man; Kiernan is dead; he then Juepes up and made te remark, “1 am damned glad of it;” 1 told him i was a very foolish remark; he said that he could catch a rope and swing as good as any young’ fellow 1 ever saw; with that I locked him up; I do not toink that he was under the influence of liquor at tie time. TESTIMONY FOR THE DEFENCE. John Tracy was calied and examined—He sata he was a dealer in pouitry and lived at 109 Sherut street; William vurcell and “Robby” Curtis wanied W fight; he suggested that they put off the fight till nine o’clock, thinking that it would die out by that time; the deceased came up tothe prisoner and said, “1 will bet you tive dollars that this boy wiil whip your brother;” Purcell, who had just cone home with my wagon, said, “I won’t let my brother tight,” Kiernan said, “You are a saucy son of a b—h,” and with that he smashed the prisoner five or six times in the nose; young Purcell attempted to pull Dis coat off to fignt “Kobby” when Kiernan turned around and knocked him head over heeis; John Purcell drew out a pistol aud shot Kiernan while he was striking his brother; the prisouer had come home from work and knew nothing of tne quarrel between the two boys; I nover knew of the prisoner being in any difficulty before; he drove a pedier’s cart for me for several years; Kiernan wanted to force a tight between William Purcell and Curtis; I don’t know where Purcell gos the pistol; it was owned by a bartender named Eaward, who served in Moore’s saloon, corner of Houston and Sheriif streets; the deceased was a big, powertul man. Sergeant Thompson was recalled, and said that ho noticed biood on the prisoner’s bosom when he came t the station house and @ scratch upon nis cheek. Wililain Purceil, the brother of the prisoner, gave is account of the affair. He sald that before his brother John came home Kiernan said that there must bea fight between Curtis and him (Wiiliam Purcell); he vrought Curtis down and the figuc was put off ill later in the evening; the prisoner came home with is wagon and Kiernan said, *‘J am going to bet you five dollars tat the prisoner will lick your brotiuer;’ the prisoner said, “1 won't pet w cent,” and then Kiernan hit Jobu varcell tive or six tumes in the nose and blood was all over his shirt; he (the prisoner) said ‘He shan’t fight,” tuat the wit- ness would get licked because Kiernan had lots of friends; Kiernan calied the prisoner a saucy, pig- headed son of a b—b; alter pitting the prisoner five or six times he hit at the witness five or six times and knocked me down, and said ‘{ will kill the two ot two,’ the witness was lying on the ground hai- looing ‘murder’ when be heard the pistol go om. Jonn Purcell, being sworn, said:—I itved last sum- mer atjl0opsherif street;jworked for John Tracy; was working with his poultry wagon on ihe day vi this occurrence and got home a quarter to nine; | had not been home during the atternoon or early part of the evening; 1 put my horse in the stable and got my supper; I then went to the porter house, and from there I came down and was going to bed; Kiernan came aloug and said to me, “Ill pet you five dollars this boy wii lick your bro-ler;’ L said, “I won't bet you five cents; I won't jet my brother fight; you ought to be ashamed of yourself; he turned around and called me a saucy son ot a b—t, and held me up against two hogsheads, beating and cufing me; alter getting torough with me he juiped at my brother and knocked my brother down ana kicked tim; J pulled out a pistol aud shot nim. Cros#-examined—L bought the pistol in a porter house, corner of Houston and Sherif streets, trom a bartender, at nine o'clock, about ven mimues before Une shooting, aud four or five houses trom where 16 happened; 1 putied the pistol out of my pocket av the impulse of the moment, and did not know whether 1t was joaded; | knew nothing of Kleruan or any of the pardes when I got the pistol; 1 have carried a pistol (wo or three years; I lost on the Sunday night before and thirty-six doilars; er had a pistol fo: ver had a fighe with anybody in twenty-two years old; Know Kiernan rearti he Was avout thirty-eight years Oatharine Tr sworn und examued, testified that early in tue evening Wiiuain Purcell wad Curtis were talking about fighting; when Jolin Purceli came home, about nine o'clock, Kiernan wanted to bet money about Curus fighting his oroiner: the prisoner said he ought tobe ashamed to urge such things, whereupon Kierngn calica him bad names ana struck him in the face four or five umes as he was standing against a couple of hog the young brother began to give some bad he (Kiernan) turned wroand aad struck him, and he (Willuin Parcety halioet murder; they Were sepu Fang them, and jast with tnas the pistoi was, oft. Cross eXamined—The brothers Parcell bad a room in my house, aud the prisoner worked for my son for eignt or nine years, AS farus 1 could under- stand, Ktornan was tn favor of a fight and wanted to Siake money upon it, ‘This was ail the evidence in the case. Judge Stuart made @ vigorous appeal to the jary for nis client, claiming that if ‘as not entirely justiied 1a shooting Krernan, aa quiity of Lo higher crime than mauslaughter in tie third degree. vistirict Attorney Garvin proceeded in a dispas sionat:, able and Clear argument to sow that the evidence demonstrated beyond ail doubt that Purcell was guilty Of murder in the tirst degree. In conciu- siov, alr. Garvin said that atver he had brought out the sacts, the respunsivility of devermuning te gut dst or innocence of the prisoner devolved upon the jury; and he warned them to see to !t tht out of no mistaken sympathy they would permit such men as the prisoner to go abroad in this cominunity, and give Lim license to aboot down citizens without provocation. ‘The safety of the lives of the citizens Of this metropolis Was In the hands of the jury, and said Mr. Garvin, it will be Oo Use Wo have courts and prosecuting officers if jurors do not do their duty manfully, Recorder Hackett, In charging the jury, defined murder in the ttret degree and mansiaughter in toe third degree, and gave a succinct statement of the vestimony, after which the jury retired to deliberate upon their verdict, ‘They were absent one hour and @ half, and retured with a verdict of guilty of mur- Ger in the first degree, egant yan by @ recom- mendation to the mercy of bourt. ‘The jury was Polled with the like result, THE JUDGMENT OF THE COURT MOVED FOR. District Attorney Garyin—I now move that the prisoner be sentenced to execution im accordance ‘With the verdict, THE RECOMMENDATION TO MERCY. Recorder Hackett—~I observe to you, gentleman of the jury, with reference to your recommendation to mercy. that it is not in the poner of this court to 1x any other sentence than tnat which the law bas directed, viz.:—the death penalty. What effect your recommendation may have with the Bxecutive, | Seung know. ‘That properly must be referred to STATEMENT OF THE PRISONER, The er was asked what be had to say, and bi as follows:— /ENTLEMEN—All I have got to say 1s Denner swore On that stand lies, He stood and looked at the fight, and was the instigator of the fight. 1 had tried to stop it. When Iran to the station house I was under the Influence of liquor. I suid those words in excite- ment; {did not know what I was talking about. I cannot read nor write. I do not believe the sergeaut would tolla lie againstme, Gentiemen, I am very Much obliged to you. ANOTHER BLACK FRIDAY, The Recorder then sentenced Purcell to be ex- ecuted on Friday, the sth of April next, the day of doom for the unfortunate Jack Reynolds, convicted of the murder of the old man Henry Lowusend, WALL STREET WRIGGLINGS, Van Saun in Court—Escape by Technicality— The “Ways of Wall Street” Not All ‘Told— Revelations to Come. In the Superior Court, before Judge Spencer, the case of Van Saun and Wheeler vs. Barr, which has, to a considerable extent, shown up the ways of Wall street, came up yesterday for argument on the mo- Uon to vacate the order of arrest of the detendant Barr, The parties were represented by Mr. Thomas D. Robinson and Mr. E,W. Stoughton on bebalf of the plaintiff and Judge Curtis ana Mr. 8. Stevens on bebalf of the defendant, In reply to an affidavit served upon the defend- ant, setting forth the conviction and imprisonment of Joseph Dows, a witness for the defendant, by one J.T. Lect, who swears that this Joseph Dows was the same Dows who was convicted in Pennsylvania, qefendant also put in a new afidavit, setting fortn the offer on the part of Leet to Dows of $1,000, which he (Leet) satd he could procure from Van Saun & Co., providea Dows would withdraw his ailidavit made on Yehalf of Barr and make amdavit for Van Saun. This afidavit was corroborated by the affidavit of one Marshal, and also by the am- davits of four other persons, who swore that the Dows in thls case was not the man Dows men- tioned in the copy of the indictment and conviction served on the defendant. Judge Curtis opened the argument on behalf of the defendant, stating the facts as sei up in the affida- vit, and which have already appeared in the HaraLd. He contended that the rule of law is that In cases like this, where if all the aMidavits which were vefore the court when the order of arrest was waid to be granted were coatradicted, the Court could not refuse to recall the order of arrest, and ‘Uiut the aMdavits ta t.18 case and the proof on be- hate of the defendants were overwhelming, showing Uthat the order of arrest should be vacated. More- over, it was within the discretion of the Cours, tn cases like this, to go into a partial trial of the case upon aMdavits, and if the proof adduced on the part of tne defendant were of that nature, that if it had been prodaced before a Judge sitting at nisi prius, with @ jury, he would direct @ verdict for the deiendant, and then the order of urrest must be vacated. Judge Curiis, in conclusion, submitted a number of cases ocaring upon the point ne contendeu for. Mr. Stoughton repiied on pehalf of the plaintifts, His argament was in eifect of asifitlar nature to that of Judge Curtis, so far as the points or law are involved, the only aiference being that Mr. Siougu- ton claimed that the proof of the defendant was not Suilcient to eutitie the court to vacate the order of arrest. ‘ Judge Spencer, in taking the papers, said that this Wasa case of considerable importance, Involving some Very nice questions both of law and fact. He snould read over the affidavits very careiully and very accurately, and, whtic he did not intend to an- bounce any decision at present, he would say that if from the proofs adduced in behalf of the defendant he was saiisiied it established nts mnocence in con- tracting or undertaking to contract a debt with any fraudulent representations or deceit he should va- cate tue order of arrest, But if he found that the case wus stich, from its pecaliar nature, that it could not be taken Out of the technical rae of prac- Uce, and that therefore he shoald be obiiged to be guided eutirely by the decisions in regard to that rule of praciuce, he should not discharge the delen- dant. it is a matter of much doubt whether the Superior Court has power to vacate an order of arrest issued on copipiaint of fraud, there beng decisions for and against such a course. Judge Spencer siated that, witle he did not wish to pi e@judge the ease before him, he felt bound to say that if the application for the order of arrest of Mr. Barr had been made before him he would bave refused to grantit. te would take the affidavits, read them, consult the authori- tes and give {18 decision in duc time. Counsel jor the Van saun sharpers urged that the Court had no power to decide, Counsel for Barr are auxtous to have the case tried by @ jury that the whole matter may be fully ventilated. ‘The HERALD reporter, Who bas watched this case, 18 ipformed tat the three chapters of the ‘Ways of Wali Street”? already pub- lisued did not contain @ tithe of the doings of Van Saan and bis company, and that afar more mter- estiog chapter remains to be told. 1 is to be hoped, thereiore, that Mr. Van Saun will have an oppor- tanity of vindicating his reputation belore a jary. THE “BARON” VON BELOW. Arraignment on a Criminal Charge Yes- terday—Fashionable Flutter in au Elizabeth (N. J.) Court. Yesterday being the day set down for the exami- nation of Otto Von Below, who claims to be related to some of the best families of Prussia, including that of the celebrated Premier Bismarck, and himself @ baron, the Court House at Elizabeth, N. J., was the Sceue of considerable excitement, especially among the members of the fair sex, whose unxtety to see a real, live, genuine, Simon Pure Prussian nobleman was great indeed. Von Below was ar- rested a week or ten days ago and lodged in the Union county jail to answer the charge of having swindled various parties out of va- rious sums, amounting in the aggregate to several thousands of dollars. To cap the climax of his cleverness he wooed, won and wedded a very estimabie, if not very beautiful or priliantly intellectual young lady of biiza- beth, a Miss Mary &. Conkey, In the present in- Stance her brother appears as the princtpal accuser. Hts name 1s Charles Conkey, who mourns the loss of $1,000, the amount he placed in the ‘‘Baron’s” hands for transference mto stocks, the latter claiming tw be, a partner in a stockjobbing house in Wail street, New York. Von Below, if not actually & baron, has certainly all the outward essentials of «gentle blood,” and it is still thought very possibic, perhaps probable, that he 18 & younger son of a noble famiiy—one of those titled Jeromy Diddiers that in Kurope abound. He 4s tall and slendei, an‘l 1s racher a pleasant featured though not handsome person. He 1s thoroughly German tu complexion; bas hiht hair and “auburn” Mustache aud whiskers, and mht be @ year or two over thirty. Ho was fasidonably attired in dark pantaloons of metropolitan cut and a light overcoat, He was duly arratgned before Judge Green, and, on motion of prosecutor McGtle, was called upon to plead to the charge of having obtained money under false pretences from Mr, Coukey and others, ising to his feet and assuming an erect position, b Jearly and musically enun- ciated the words guilty.’ His counsel then asked tak the further consideration of the case migit be postponed for two weeks, to Which the court ented and the prisoner waa conducted to his quarters in the ys ch to the cba. grin and disappointnent of the sper Whont anucipated some rich ‘The accused 18 described i be very quiet and the jail auvnorities to gentiomanty in ‘hie h Lie ts Trequentiy visited by bis young wife, W A all now by hat under ev not desert aaty to sho is eireuinsiauces — she thinks it is him at auy “hina; hi stick cribed us mmediuin Bize brunette of abont etgite present yescer= day at the t room. two other charg resented yes- terdug. Un rom Mr, Charles Marsh jor rhans for $2, 40 Madame ta New Providence, 1 Uinich, @ particular SENTENCED FOI ARSON WN NEW JziSer. Thomas and James Lauguran, the broth who were convicted at the Hudson County (N, J.) Court for arson, were brought up yesterday morning be- fore Judge Randolph for sentence, 1 will be remem- dered thee the prisoners set Mee to thelr iquor svore in Grand street, Jersey City, aud then ciainied $2,000 insurance from the State losurance Company. Judge Randoiph, i view of the increase of tuis crime in the county, sentenced James to five years and Thomas to one oar in the State J’rison, HE COURTS. | Disposition of Business in the United States Cir- cuit Court—The Fisk-Pacific Railroad Com- pany Litigation—The Jumel Will Case— Another Raid on Policy Dealers—Tele- graph Troubles-A Sequel to the “Black Friday” on Wall Street, UNITED STATES CIRCUIT COUAT. Notice to the Bar. Before Judge Woodruff. At the opening of the court yesterday Judge Woodruff notified the bar that the taking up of equity cases would be postponed until after the dis- ition of cases on the criminal calendar, except in cases Where there Was not suificiont criminal busi- nees to occupy the day, when short equity motions might be plead. ‘The Fisk-Pacific Railroad Company Case. ‘The hearing of the motions in the case of Fisk vs. ‘The Pacific Railroaa Company and Credit Mobilier, the ment in which was commenced some time since beiore Judge Nelson, was put over to the first Monday in April, when it is thought probable that Judge Nelson will be here from Washington. The Jumel Will Case. ‘The argument on @ motion for a commission to go to Europe to take testimony in the Jumel will case was put over to the third week in March. Renewal of Cuban Bonds. Counsel for Lemus and others, members of the Cuban Junta, whose bonds had been declared for- felted, gave notice to the District Attorney that the bonds would be renewed. UNITED STATES DISTRICT COURT—IN ADMIRALTY. The Business of the Court. Before Judge Blatchford, Im consequence of the postponement of the trial of the Fullerton case Judge Biatchiord will resume the business of hts court for the remainder of the week. On Monday next he will sit with Judge Woodruil on criminal cases, UNITED STATES COMMISSIONERS’ COURT. Another Raid on Policy Dealers. Before Commissioner Shields. The United states vs, George W. Van Vorst.— The defendant is chargea with carrying on the business of @ lovtery dealer without paying the special tax therefor. The arrest of une defendant 48 the first effect of a new raid to be mude on the Jotuery iraternity. Weds SUPAEME CGURT—CHAMBERS. Motion tor a New Referee. Before Judge Barnard. Smith vs. Wheeler.—A motion was made in this case to have @ new referee substituted in place of Judge Curtis, of the Marine Court, who was ap- pointed in August last, the ground on which the Mouon was made beng that as a judge he was io- capacitated from acting as referee. Mr. Willard Bartieut was appointed in his stead. Telegraphic Troubles. The Atlantic ana Pacific Telegraphic Company vs. Ihe Franklin Telegraph Company.—Thia was & motion to enjoin the defendants from violating a contract made by the two companies and for the a} Pointment of a receiver. The agreement was en- tered into in 1867, and was to the effect that the em- ployee of the plaintifie would be allowed to occupy tile office of defendants. ‘The defendants were wo receive the money for piaintifls and were to divide the profits ca rae with them, ‘The defendants, according to statements of plain- tiffs, did not carry out the terms of the agreement, and kept back some $4,000 of the money received for them. Defendants claim to have gettied all accounts but a few petty items, aud out of the account ren- dered by plainttits admit only $709, Decision was reserved, SUPERIOR COURT—SPECIAL TERM. A Gold Case=The September “Corner.” Before Judge Spencer. Henry Clews @ Co, vs. William F, Livermore @ Co.—This was a motion on behalf of the defendants wo vacate an attachment granted against their pro- perty on an alleged claim of the plaintuls growing out of the gold transactions of last September. Mr. Joseph J. Marrii made the motion on the plaintin’s own papers, and was opposed by D, W. Gillett and Ira Shafe' he Court bela that ere Was no ground for the attachment, and granted the motion to va- cute the saine, SUPERIOR COURT—TRIAL TERM—PART 2. Sale of Goods Under Alleged False Repre- sentations. Betore Judge Jones and a Jury. Lawrence Meyer & Co, vs. George Guyer.—The plainuffs sued the defendants for $1,030, the amount of a bill of goods soid to one E. A, Simonson, the former proprietor of the St. Augustine Hotel, in Fourteenth street, upon the defendant's representa- tions that Simonson was solven', when, as alleged, he was not. ‘the plaimtiffs’ salesman proved we representations; but the defendant and two wit- nesses On his bebalf swore ihey were present at the jaterview and that uo sucn representations were made, Judge Jones charged that the issue depended entirely upon the faith which the jury might attach to the Mavements of the salesman and the a¢fendant and his witnesses. a verdict for the plaintiffs in the Phe jury tonn A. Henriques aad J. J. Marrin; sum of $1,153 54, Por plainiitts, » Butcher and Henry A, Clinton, for defeudant, COMMON PLEAS—SPECIAL TEaM. Decisions. By Judge Van Brunt. Horet vs, Cassard,—Motion granted, Hevverd vs. Hall.—Same. Fleischaner vs, Horbleck.—Motion for contempt deni motion for receiver granted. Gleason vs, Kamerer.—Moutioa granted for March term, Powers vs, Wilty.—Neference ordered of all the issues. Pererline vs. Whitlegge.—Motion denied, with ten dollars costs to abide the event. RB pley vs, Hazteton.—The demurrers as to first de- fence overruled aud demurrer as to second delence sustained, Terhune vs, Terhune,—1 see no reason for inter- fering with the discretion of the referee in this case. Parker vs. Seery.—Delauit opened on payment of costs of motion and costs in judgment, Ashton vs, John.—See memorandum with Clerk. Steinberg vs, Engell.—-Motion granted, Peck vs. Miz Henri.—Motion to open defaujt granted upon payment of ten doliars cost and upon 4 bond to secure the accounts claimed in this action, executed with two sureties who shal jusufy, being given in behalf of defendant. COURT CALERD, THIS DAY. OYER AND TERMINER AND SurREME Cour Cin- cuiv—Part 1,—before Judge Ingraham. Court opens at half-past ten A. M.—Nos. 2075, 2089, 903, 2091, 2093, 2107, 2115, 2143, 1925}2, 898, 567, 1779, 1585, 1799, 1519, 1775, 1825, 1617, 1783. SUPREME CoURT—SPRCIAL TERM.—Held i 8 Saige Cardozo, Court opens at hail-past ten A. M.—Nos, 262, 68, 186, 207, 264, 62, 100, 140, 161, 221, 227, 61, 114, 122, 125, 131, 148, 166, 177, 200, 220, Surreme Court—Cuampuns.—Held by Judge Bar- ynard, Call of calendar at twelve M.—Nos, 157, 159, 174, 210, 218, 245, 250, 251, 252, 251, 265. StreRion Court—Two F Adjourned, COMMON PLKAS—TRIAL Judge valy—Equity Cause#.—Nos. 153, 166, 172, 1 178, 179, 113, 156%, 157, 188, 189, 190, 191, 106, 1 Part 2.—Judge Loew—Equity—Nos, 192, 103, 104, 195, 197, 198, 200, 98, Martine Court—TRAL TeErM—Part Judge Alker.—Nos. 426, 488, 492, 493, 516, 618, 518, 619, 620, 625, 625, 526. Groas.—Nos. 95, 472, 278, 296, 477, 499, 501, 502, 604, 60%, 508, 609, 512. CouRT OF GENERAL Sessions.—Before Hacke ‘ourl ope vs. Jolin Purcell, mureé ‘TERM. 1.—Berore Recorder 8 at eleven A. M.—The People r (coutinued); James Hayes, robbery; Patrick & mott, James Clark, James McCam and Join Lore. burglary; George Fellman, Aunie Henemaler, Andrew and John Gritin, grand larceny; Leopold A. Stem, rape; Thomas burglar. Sweeney and William Brown, 3 Charies grand larceny. - BLOOKLYN §INPRLLI ¢ A young woman, Elien Gilmore, died in the Ray- mond street jail yesterday of peumouta, She had bon comittted on charge of drunkenness to the Jul for @ short term ouly last wea. Joseph Cassidy, an old man, was sent to the Pent. tentiary for a term of sx months upon conviction of a charge of beating his wife, Mary, who died re- cently While under the Influence of chloroform an- dergoing @ surgical operation. The only withesa Agalust tae UOforiunale Cassidy Was his gon, Coroner Whitehili and a jury continued the in quest yesterday atternoon in the case of George Wilhelin Brown, wito died from injuries received at the explosion in Pfeiser & Co.'s chemical works on the izta ultimo. Two workmen emplored in tli factory were exainined in relavon to the cause of the explosion, but they were unable lo give auy i- formation in regard to 1t. ‘The Coroner again ad- journed the Inquest for the purpose of obtaining the testimony of experts in chemicals. James Ward, @ laborer, was arrested on Sanday evening on a charge of robbing George Wachter, at the corner of Fulton avenue and Downing sireet, On the preceding niglt. The prisoner, in company With Joseph Gilligan aud other young men of gorner loating prociivities, attackea Wachter, a quict and peaceable man, without the siightesc provocation, @nd pot content with cutting bim about the head, they “cut o” with tis pocket, which they tore from. Bispantalcons, ‘There was forty dollars in green- backs stoien in this manner from Wachter, WINGS AND GAFFS. New Jersey vs. New York—Main of Chickens for $50 a Battle and $500 the Odd Fight— Bather Peculiar, if Not Swindling Proceed- ings Apparent—New Jersey the Victor. New Jersey and New York again sent tneir repre- sentative game chickens into the pit yesterday to contend for glory and pecuniary consideration. The shape this contest assumed was @ main of stags,” entered into by William Gallagher on the part of New York and Patrick Magienan tnat of New Jersey. The arrangements were that each should show fifteen birds, from ‘three pounds twelve ounces to five pounds, to fight alt that fell in for $60 a battle and $500 the odd fight. Elevem matches were made from the list, and the battles were fought at the old and favorite place in Pamrapo. “Andy” McGinley handled for New Jersey and “Iight- headed” Billy Briggs for New York. The old and upright veteran Ned Mackey was selectod to act as judge. The company present was of that peculiar character always {ound in such, to them, congental sports and the money wagered upon the result quite large. From many circumstances connected with the fight, it is questionable if the agair was not “tlxed” by the principals prior (o a single bird being Be this a8 itmay, the evenness of the cons tests provoked such comments. New Jersey won the main, after desperato figating. ‘The birds were of many strains and colors. New York presented a “‘combination,’”? consisting of Baulie’s “up river? chickens lot of London- derry muffs, with blue tassels. New Jersey, beside the offspring of the old Sefton cocks, fo owned ;by Magehan, some of Crane aud Wat. er’s birds, of Staten Island, witn two or turce of old “Pop” Ludiow’s stock, of Union Hill, First Fight.—The heavy weights, four twelve ounces, New Jersey showed a ieggy, robin breasted brown red, and New lork a durk brown Ted, the better looking chicken. Twenty to sixteen on Jersey and many takers. They were not much and the York bird ought to have won, as his a. hent was a miserable, ineffective fighter, hardiy able to knock a hole through a cobweb. Bat he didn’t, and alter a few buckles two or three cats in the neck and throat, when he stopped and refused to fight more, whereupon he was pounded, and Jersey ‘was lucky 1n scoring the first victory. ‘Time, 9:10. Second Fight.—The iight weights, three pounds twelve ounces. New York prese.ted a muff wih white hackle, New Jersey a brown red. These littie gentlemen were very fair in courage and ardor, ‘Tne mui? was calied “Kerosene,” but for what reason 18 unknown. He had an eye put out soon 10 the fight, and at one time, when badly pricked, gave evidence of belonging to the **fraveiler’s Cub,” but he came back and septaringing cut through tue brown’: brain which quite effectually cooked him and he died in the pit, Time, 6:4). Third Fight.—Two four pound nine ounce chick. ens. New York sent in a brown red and New Jersey agray birch. ‘Twenty to twelve wus offered ou the brown. ‘ihe gray was a strong, fast tighter, and had the best of It at first, cutting mis Opponent in back, thigh and neck at will, without receiviug any pun- juument in return, until he gave him his “finisher” iu the neck, when We brown was pounded. The gray could Agh: anower battle without being taken Irom the pit. Time, $:52. Fourth Fight.—The same welgvt as before, New York hauded in a biack red and New Jersey @ brass back. The black had the cali—ility to thirty-tive.. Alter the first fly both the birds acted very stupidly, Btanding still for several secouds and looking at each other. They then awoke, and sometimes one and then ‘she other would have the best of it, until a clipping stroke In bras#back's throat sent him spinning Bome for his mother, wien be Was pounded. Bricys really lost the tight by the rues afver tis bird's victory, by pulling the heels from the brass back’s beak; but as “Andy” hadn’t sense enough to claim the fight, or i¢ wasn’t in the “arranged” programme, no notice Was taken of the matter by the judge. 1 2322. Fifth Figh'.—Each had wou two oi betting on the main was even. three ounce birds, and both pyles, hardly dis- unguishable trou eacu other. Twenty-tive to twenty on New York. It Was a raspiug, dead game baicie. They were savage villians, and only when throats Were cut, eyes Knocked out and legs badiy damaged, Was there uny appearance of yiciding; but fortu- nately for New York’s partisaus he at last seub a svunuier into the brain of Jersey, and he fell dead as wo four pound two ounce chickens. @ brown red, with while hackle, while their opponents showed a pyle. Forty to thirty on Jersey, Exceent iighters. Hit for hit, bemg wounded in bead, neck aud body bffore tieir “powder” gave out. At last tue red made a des- Pperate fly in the air, and cut the pyie in such & man- ‘two four pound ler that he never Knew what gurt biw. ‘Time, 15. Seventh Fight.—The same wetght as before. New Jersey produced @ black red calied Boston, and New York @ spaugle with blue tassel. The Axuis being three and three there was but little betting on the mam. ‘Ten to eight on Boston. At the second sy the spangle was cut down; but be was a game one and took punisiment like a veteran, Lue biack red Won s.rong. ‘Time, 12:35. daghth Fight.—same weights. New York a brown red, white hackie, aud New Jersey one of Crane's black revs. ‘Twenty Wo fourteen ou the brown. The brown was treated very badly for several buckles, but when it seemed that “sali wouldu’t save him,” he came again, and flapping in the ‘alr, sent the black to his nome. Time, 3:30. Ninth Fight.—Bawies again even. The weights four pounds four onaces. New York presented a wallies’ pyle, and Jersey @ black red. Quick, bara lighting and great excitement. A brain blew sent the biack home, Tuue, twenty seconds. Tenth Fight. ew York a black red, four pounda, eight ounces; New Jersey @ red mail, one ounce lighter, ‘The mui Was meant lo win, as the black Was hected so that he could pot cul his opponent at all. Ten to six on the muff. Several gentiemen were swindled of their money in this ngut quite prettily, The maf won, ‘Time, 4:35, dlecenth Pight.Viis to decide vhe main, being the last battie, New York a spangied red writ, four pounds; New # ‘YY Agray bird, wuree pounds four ounces. It was intended by the ‘managers’? tuat New ‘K shoud win (he main, and so the gray wae vilnded betor je Was prought intothe pit. But coutrary to the “sure thing” be kiliea tue mui prei- tily. ‘Time, 4: FOOTPADS IN WILLIAMSBU;G, At about twelve o'clock on Sunday night Andrew Goeppner and Emil K.ckert, who reside at No, 30 Debevoise street, Williamsburg, were attacked by highwaymen in Boerum street, near Hroadway, aad baaly beaten and robbea. ‘The victims of this outrage were on (their Way to their homes at the time, Mr. Goeppner was the first attacked, He was jelied Lo the carta by a plow by one of the ruflans, While another put lis band over bis mouth, aud & third rifled his pockets of a silver watch and a smail 2 of money. Mr. Kickert attempted to escape the pi bis companion by running away, but he was pursued and overtaken by tue biguwaymen, Who succeeded in also riiling His pockets. Mr. Rickert's cries for help finally brought to the scene ofitcer: Short and two citizens, and tiey succeed In securing one of the bighwaymen. ie gives te name of Anthony Campbell. EXC! fen Arming to Defend Their Timber from fown Thieves—Prospect of a Fray. A correspondent of the Omaha Republican writes {rom St. James, Neb., a8 follows:— An excliing event bas happened tn this usually quiet ueigoborbood, Apout a mle above toe city of dt. Helena there 18 @ piece of timber growing on land made vy tae Missouri river. This wad surveyed lags spring, and ail of 1. pre-empted or bought. A parcy AT IN NEBRASKA, on the other of the river, pretending that the land had nev wen surveyed, have at various times driven over the river and taketf off timber in largo quantiles, ihe setiiers ou this side at last dever- mined to put wo end to this, and @ force was organ- ized on January 40, 1870, to capture the ofenders. Tuey succeeded in arresting three or four, and gave Wien @ trial, but on AccouUE Of some Lllegality In the papers they Were acquitted. Immediately afterwards liey unnounced their determination to ciear the witole of the timber on that place. ‘This aroused te ire of tue Nebraskans, and on Friday last tue Sherif of this county, at the bead of & sinall posse, went into the timber to arrest WhOm he could find. He soon found one and proceeded to arrest him, ‘The mau at once drew @ revolver, but the Sherif caught it by the lock, and, notwithatand- ing the desperate micempts he made to throw back the hammer, the Sherli liually succeeded In wrest ing it from him. Te had ho sooner accomplished Uns than he founa timeelf surrounded by thirty wen, who, with revolvers pointed at Lis areast, de- masded that he should return the weapon to its owner, In th eof such numbers, 1 Would have to refuse, aud it was accordingly re- puny Was then allowed Lo depart. On settlers to the number of 150 to 200 a . Helena with the avowed deter- mination of capturing or Killiag the timber thieves. Owing Lo Ulegaltly in papers We were unable to leave $ na for (ae timoer woul UWwo o'clock P. M., ab been madnes turned, which me the whote force started. ny Penny in the meantime procured legal papers, d each and every ener, fee'ing that the faw on Lis side, rosulved to do OF die game Was too coy. Ju Teauhitg ay was seen. AD+ organization of kK place tis day j Wit @ sumiar resuls, There hus beea a requisition # por But. ler, to be Bent to the Gove) verrttory (Borbank), for the arrest of tose having Liespassed