The New York Herald Newspaper, March 8, 1870, Page 5

THE McFARLAND TRIAL. Motion fo Have the Case Set Down for Tria! ; in the April Term. District’ Attorney Garvin and Uounsel Agree to he Ready on the 1st of April— Lively Tilt Between the Lawyers, ‘Tho March term of the Court of General Sessions commenced yesterday, City Judge Bedford preside Ing. As there was not a quorum of Grand Jurors in tendance those gentlemen answering to their names were discharged till this morning. The panel of petty jurors was called, and’ only twenty-two men baving answered the Judge ordeved an addi- ‘tional panel to be made, returnable on Wednesday. THE RICHARDSON-M’FARLAND TRAGEDY, ‘The sentor counsel for Danie! McFariand rose and moved that the Court should designate the ttme for the trial of the indictment against him for the alieged murder of Albert D. Richardson. He said that nis counsel at the last term of this court, when a motion to transfer the indictment from this court to the Oyer and Terminer was denied, gave notice that he would be ready in ilve weeks trom that day. ‘There seemed to be ap im- pression om the part of the public press that the defendant's counsel were responsible for ‘the delay, ana in order that the contrary might be known his counsel had come there for the purpose of disavowing any connection on their part with the Ume which had already elapsed without preparation being complete. The counsel said he felt unugually sensitive upon this point, from the fact that the Dis- triet Attorney, In his address to the jury im the case of Reynolds, who was recently convicted of mur- der, undoubtedly referred to the McFarland case. Mf the prosecuting officer intended to diacharge Jrom his bow an arrow at this case and stigmatize it as occasioning delay to the motion of the wheels of pudlic justice, the remark was entirely unjusnfied bythe facts, Judge Garvin, in reply to:the allusions of Mr. Howe (counse) for Reynolds), about untried prisoners now in the Tombs prigon, said that in two cases commissions had gone to Europe to take teatt- mony and others’ had gone to ottier places for the fame object. While the counsel aid not mean to charge delay upon the prosecution, he meant 10 clean off his record before the public, so that it shall uot appear that the defendant was trying to keep ‘back this trial, but, on the contrary, that hie 1s eager to mectit. The counsel then stated that certain tn- terrogatories were submitted to the District At- torney, to which he appended cross-interrogatorics, but not so promptly as the other siae would have wished, which caused a loss to them of over twenty aays. Counsel further remarked that the Judge who tried the Reynolds case yJudge Ingraham) had iso “a fling” to make at what he supposed would be the defence to this indictment, to which he callea the attention of the Court. The denial of tne mo- tion to trausfer this indigtment to the Oyer and Ter- miner deprived that Judge of @ judicial repast wuich he had, no doubt, whetted his appetite to enjoy. He told us what he meant to charge the jury In the case of McFariand, at least in what he supposed would be one supstuntial aspect of the defence. In order to prevent prejudice to the defendant it was necessary that the trial should be accelerated. If this commu- nity were to be treated to nothing until this case was brought on but reports of murder trials; if Jurors were to be taught that every victim offered at the bar of public justice most sacrificed (ne could nov say such was the design); the de siga was to cause the atmosphere tu which McFar- land was to be tried to be so iuipregnated wita preju- dice that the real rignteousness of his case will be overlooked aud that he will follow 1u this long train of oriminals convicted and consigned to tue gallows, n0 More effectual method could be taken of accom: Phishing that result than seemed to be taken: by the prosecuting oMcer of this county. A poor creature by the name of Sueridan, who evidently in a state of phrenzy killed a man who tuterfered in his domestic relations, was. ushered into the Oyer and ‘Terminer, and in the absence of his counsel re- quired to plead as though the intention was to try ‘that case tn advance of this, and have the 1aw ema. nate from the same source from which the legal 1n- structions to the jury came 1n the case of Reynolds. Tn order to forestull and prevent thoae consequences Bayithe counsel) nreea the for the trai oO the District Attorney entered too into the aecuuon of criminals he that impartiality which sbowd be a large ingcedient of bis office, and it was the duty of the Court to compel $pe,progoeuting ofticer. to be ready at the time appomted. ‘Phe counsel satd he was not there to say what the defence of McFarland would be. They had been very much annoyed publica- tions in the newspapers as to what the ine of the defence would be, and as to the facts which would be proved upon the trial.- Those pubheations were in the main false, for the reason that when the taree counsel Who would represent McFarland first had their conference togetiier they entered into a sort of Masonic obiigation to one another not to reveai any- tuning im reierence to the cause. ‘The counse) called ‘the attention of the Court to the fact that Judge In- este presided on the trial of Coie in Albany, and yy his instructions to the jury he produced an unne- cessary disagreement. He was followed py Juage Hogeboom, who presided over the second triai, and that jury, without much difficulty, acquitted the, defendant. Judge Ingraham, in’ the Rey- noldg case, said that there were im the books cases of temporary insanity, but {n all of them there have been things to justify the conclusion of insanity. There. were sometimes found casea where men claimed to be insane for & moment, while the act Was being commitied, but he had'never known such cases to be proven. When the District Attorney stood before the Jary ana en- deavored to rivet the fetrers of conviction upon au tnnocent man-he would teil them, ‘Here is the au- thority of sjadge Ingralam, the oldest Judge sitting ‘upon the bench of our State. fie gives you, as the result of an experience of thirty years, that he never knew a case of tnis kind tobe proved. This idea of @ man being insane, or $0 menially affected at the time of the perpetration of the act as to be irresponsible, though periectly saue before and sane lmuediately after, has been exploded and scattered to the winds by the declaration of tits old, reuable and experienced Judge.” It would be impossible Tor the defence to be ready till within two weeks, be- cause some Of the commussions had Not yet been re- turned and time would be required to decide whether they had all the evidence tnrouch that chan- nel tat Was necessary, The counsel asked bis Honor to assign the first Monday of April es the time for the trial of the in- aiciment, and to require the prosecution to be ready. He made the motion also in order that the Court might make its own arrangements te meeta trial of such importance. The trial woulda excite the public mind beyond ail measure. Probably no trial which had occurred tn this city would occasion the excitement that this was certain to engender, it would be of considerable length and many wit- nesses would be examined upon both sides, so tunt iv would be necessary to make.an order for the sum- moning of a very large number of jurors—probably one or two thousand. ‘lhe defence would have to be furnished with a copy of the panel, 80 a4 to be sutis- flea with reference to the characteristics of those Jrom whom the jury of the aefendant was to be selected. The counsel went on to ventilate hus ideas respecting capital panisihmen', remarking that he ‘was one of those who believed that there was no divine right for the infliction of @ puntshment like that. utertaiuing these views, therefore, notwitne standing his résponsluiiity was largely soared in b; his apie associates, his Honor could well appreciate the feelings nuder Wiuch he labored in reference to this or any similar case ia witich he was called upon Lo act as counsel for the defendant. He noped the mowon would ve granted. District Attorney Garvin, in reply to the torrent of ‘vituperation wien fell trom the counsel's lips, in- stead of foliowmg in she same surain, said, in a cool and dignified manner, that he wassurprised at some of the suggestions made by the counsel. So far as @ny cluarge Was intended vo be made against him- weif of intending to delay the trial of Mc!ariand, who was arraigned for murder, 1. cectaraiy myst fall to the ground whea tly Moaor remembered What had previously occurred in tne court. The District Altoricy Went on to BLOW that he courteously gave notice to the counsel when thelr clieut would be arraigned to plead; that the defence did wot make any preparation for the trial from the List of Decem- ber, 186, untit the 27th of Jannary, 1870; wat, trom That time Lo (his, bo Was;served With interrogatories Cor commissions, which he often examined ia the midst of Huportant triais, and Which were promprly returned with cross interrogatories, and that every facility was tendered tw Mr. Gerry, wio had the matter tn cuarge, a him to procure we testimony he required. The District Attor- ney continued to staie that he did not, in. send to’ delay this trial, and that, althougn not required by law to give them notice fof the day he would do so. In aijuding to the wial of Keynoids, which the counsel denounced as a harsh proceed- tug, Judge Garvin said that it was the most vratal ord infernal murder ever commitied in this coun. try; aud as the counsel for the prisoner signified his readiness to proceed there was no need of further delay. In reference to the attacks maue upon Judge dugraham all he (ihe District Atiorney) vad to say was tat he was a man of character, position, learn: ing and anility, and he necded uo dvtence in a com- munity where be has lived threescore years and ten, and was for two-thirds of chat Ume iu the pub- die Borvice, The District Attorney mo he Oyer and Terminer simply Tal Sessions might not be e of that ktud, 1h made no dt m where it Was tried, Sor ail itai le desived im these cases was to do his @uty. ie asked lis Honor to refuse Lo grant the motion to ux a definite aay for the tual, and said thst whenever the — proseca tio was ready ample nylice of tat tlie an NEW! YORK ne ould be gives t@ the counsel. Im conelusion th Garvin said that be could not help what the BDowspapers said avout this or other cases, He Was Feld SPRO EN RRND per wD ice, and only read one oF two newspapers, Whenever the trial of McFarland came en be Would o¢ as anxious a5 the counsel On the otuer side to hi fal) yustioe done to nim, whether it be for or against him, ee was convicted he must be found guilty accord- jug to law, and lie would be convicted in that way City Judge or the Recorder tried i is Honor the 1m. ‘She counsel, in replying to the District Attorney, jd that McFarland was kept improperly in prison, be gave novice that ne woud apply to bavi him uniess his trial was fixed for the teat day at Which he could be ready. He asked the question of @ny mau there whether when MoFari shot the miserable livertine who had blasted and de- troyed his ppiness ought he not to been deranged, if r) io joint of = fact a . Was there a ‘ab who could to the facts and circum. stances of this casé that would say humanity could re subdord: t the emotions which such con- duct would be c vo create? He confidentiy expected that when McFarland was piaced before a Jury of bis country they would say if ho aid jess than he aid he would Dave been less thana mau, if omraanee at the XY Upceys en act ted hich it Was now leprive him of hislife, demented, deranged, deprives « of his reason, that at 8) events, uniess he Was @ disgrace to and a live! upon human nature, he ought to have been, The jury that would hang McFarland would not go out of court without receiving the scorn and contempt of their fellow men if they did not receive per- sonal violence at their hands, The same i. nanimity that unbarred the cell door of Cole would unbar the cell door of McFarland when he came to be tried. The counsel confidently expected bia ace quittal, and Ubat there couid not be found @ wan in this community, Unies be himself was a livel upon his spectes, Who would not say amen to the act McFarland comnutted, whether he did it in cold blood or When he Was iaboring under temporary .1n- sanity. Alter a brief conference between the City Judge, the District Attorney and the counsel, Judge Bea- ford said, “It t# understood that if either party be not realy and can bring themselves under the rule, the case goes off, but it both sides are ready the trial Wiil proceed on the first Monoay jn April.” ‘Thus ended the Orst skirmish in the Spprosehing legal contest, The motive of the counsel in makin, such an unprecedented motion was freely canvasset by the spectators, and tne universally expressed Opinion Was that it Was @ capital stroke to bring the matter before the public at tis particular juncture. THE SEWARD RECEPTION. The City Fathers in Confab With the Son of the Empire State—The Politician’s Crude Ad- Grose and the Statesman’s Polished Reply. Ex-Secretary Seward, accompanted by ex-Attorney General Evarts, attended yesterday afternoon at the City Hall for the purpose of receiving the Aldermen of thecity, Mr. Seward was ushered into the Gov- ernor’s Room, which was extremely chilly, and of which Mr. Seward, though attired in an astrachan coat, Imed with white fur, complained as soon as he entered. Mr. Evarts directed the Secretary’s auven- tion to the full length portrait in the room tnecribed at the foot ‘Seward, and playfully remarked, “You looked quite fashionable, then, Secretary.” “Don’t IT look like that, nowf” spoke up the original of the portrait. Mr. Seward certainly did look im good heaith and was very cheerful. He shook hands with Superinteadent Kennedy, who was the first arrival. Presently a noise without betokened the advent of the Alder- manic body, and a rush was made at the doors, one Alderman after another coming tumbling in. To each Aldermanic dignitary Mr. Seward proffered the hand of friendship, and having thus disposed of the Aldermen, he retired to @ couch and awaited the reading of the addresses. It was not untii the doors were locked against & surging, boisterous crowd that sufficient order coulda be obtained for the pro- ceedings to commence, It was notable that no person of cicy distinction was present at this recep- tion. Aiderman Wo.twan address:— Honorep S8im—It was with feelings of profound gratification and pleasure that your assent was re- ceived by the mémbers of the Common Council of this culy, Conveyed to them in your note of tne 4th inst., expressing to them your deep sense of regard and esteem for them, and desmgnating to-day as the time when you would permit them, 1a consideracion of their desire, topay their respects to you personally. can aasuré you, on behaif of the members of the Common Council, that they justly and fully appreciate the @ietinguistied honor you have con- ferred upon them, and whieh they will ever bear in the livelrest ‘remembrance. The Empire State has ever been proud of its distinguished men, and none are more entitled to its praise aud commendations than your honored self, rough long years of ac- tive life, as a leading statesman of our repubitc, yo devoted the energies aud intellectual attainments of yourmind and peart to the best interest of your country. And when the storm of war swept with fearfal violence over its peaceful vales and plains, and tareatened destruction of our Umon.and those institutions go dear to every patriotic heart, and in those dark hours when the assas«in’s hand was raised against your breast, you aid not falter, bat- rose superior to every circumstance, unawed and unintunidated. It, is for those virtues and services, so noble in their character, that we greet and welcome you to your native home after your long protracted absence abroad, and we trust tbat your.ite may be prolonged tor many years to enjoy the love and regard of your fellow citizens, Alderman WourMan then handed an engrossed roll of resolnttons, mounted on parchment, dound with milk, and: satd:— Be pleased, sir, to accept of these resolutions. passed vy the Common Council of this city, and which in unteigned sincerity express the regard and esteem in which they hoid you, and waich they trust you may be pleased to preserve pone the other testimonials of regard you nave received from your fellow citizens, Mr. Swan then read the following address:—- To receive unexpected public as well as private hospitaliues when sojourning in distant States and foreign lands 1s cheering; but to receive a cordial public ‘welcome, as well as @ private greeting, trom friends, neighbors and countrymen, on revurn- Ing home, is a crowning felfcity of travel. For tl generous.and distinguished public weleome I destre to make acknowledgments which are more sincerely and more gratefully felt than the conventional words at my command could express. Geutiemea, you may remember how my confidence and ho ih the good destiny of our country rose into seeming optimism during the sectional contentions, and con- flicts through which we bave lately . ‘That buoyant confidence rested on @ ground little under+ stood or even perceived then. It seemed to me that civilization on the American Continent isnot several then read the following distinct and different enterprises, but one great. symuetrical enterprise, with untve! repuo- lican equality for its distinga Political feature, and freedom of conscience its religioug characteristic; that it haa not. many ‘com- mercial centres, but one metropolitan centre. That centre is the city of New York, All the States and Territoriesof the American Union - gravitate towards it. ‘There 1s. no countera repulsive force, and faction has no power adequate to break that gravisation, The observations I have made in the new States and Territories of the United States, as ‘Weill ag-without, have confirmed my conviction that ali the Territories, Staves aud nattons on the Ameri- can Continent accept, or Lave an irresistibie tnclina- tion to accept. their parta in the general civ! of the Cont! nen: as oue system, wish this city as its cenire, Jeuioust es, traditions, prejudices, pontical combinations and distances on land and sea nat yet traversed by steam and electricity hinder the attrac- tion in different regions, but tho attraction ts, hever- theless, 0 strong everywhere that no existing insti- tutions incompatible with it can permanenuly dure here. ‘to cultivate tirougnout the Continent sentiments ‘and sympathies congenial with the be- Heticent_tstitutions and humane esvirations of the United States has constantly been my effort while abroad; and it will be miy eifort, now that I have come home, to cultivate sympatiies, aifection and respect for the distant States, Territories and na- tlous whose Visitor I have been. THE STEAMSHIP GREAT EASTERN. Her Arcival at Bombay with the Telegraph Cable—The Log from England. Onr Mes from the East indies, by way of London, supply the following Interesting report, auted at Bombay on the 29: of January:— ‘To Bombay people the event of the week has been the arrival of the Great Eastern, with tne greater bart of the cabie that is to be laid between Bombay and Suez. She was sigoulled on Thursday evening, and laving lain ouside during the night salied up Ube harbor to ber moorings yesterday morning. Her voyage has vecn performed without s misiap. Sbe Jett Portland on tha oth of November, stayea six day! St. Vincent and eight at the Cape, the lengta of the voyage betug thus cighty-three days, ineluding stoppages. We niay mention boat sue “hugged” the jand on the west aba south coast of Africa and for two days up the east coast, and finding the currents Strong then went rirht across to the west coast of Madagascar, ‘Tverea!icr nermate of sailing increased from about 110 to about 200 miles per aay, Tne Outitern, bringing another part of the cable, arrived safely on Wednesday laat. We need nardly say that tne Great Eastern ts the talk of everybody, European or Yative; and while she is here, the powers placed over her permitting, there is certain to be a contin. wal rash of visitors to her decks. She has to take ii some 6.000 tons Of coal. Three coal-laden ships nave beso lying here Watiing for her, ang that over she will go outside the harbor, in order that the wbore end of the cabie may be laid im Back Ba; Afier sie Has spent some ten or twelve days at Bom- bay the daily routine of cable laying will begiv, and ii l# gratilying to think that tue great work is so Lear completion, fhe Chiltera will accompany the Great Mastern fact | Gucug Lhe Voyage IA caye of accldeut, HERALD, TUESDAY, MARCH. 8, 1870.—TRIPLE SHEET. THE FULLERTON CASE. COMMENCEMENT OF THE TRIAL. Motion for Ite Furthor Postponement Overruled— Unavoidable Absence of Senior Counsel, Charles O’Conor— A Jury Empanelled— Opening for the Prosecution. The United Sates Circu!t Court room was besieged Yeaterday morning with @ rush of people anxtous for the opening of the, Circuit Court, in which the case Of the United States against William Fullerton and Others was to be tried, . The doors of the court room, | by the precautions of Mr. Hamilton Keefe, the prin- cipal crier of the conrt, were kept closed untii a few minutes before eleven o'clock. in the meantime the principal members of the bar, the defendants’ coun- sei and their friends and the members of the press had been accommiodated In the places most proper and convenient for them, so that when the doors were opened the crowd had to put up withthe seats outside the bar. The greatest interest was mantiested to witness the proceedings. It was known that another motion would be made for a further postponement, in conse- quence of the unavoidabie absence, through illness, of Mr. Charles O’Conor, a very warm friend of the principal defendant, Mr. Fullerton, and nis senior counsel in his defence, and the argument of counsel thereon Was a great point of attraction. Judge Woodruif, of she United States Cireutt Court, and Judge Blatchford, of the United States District Court, occupied the bench. Mr. Fullerton was early im attendance and occupied @ seat during the pro- ceedings near Mr. Stoughton, who, in the absence of Mr. O'Conor, was the senior counsel. He was further defended by Messrs. Olarence A. Seward, John Burrell, ¢x-Judge Porter and Mr. Jencks. Ex-Judge Pierrepont, United States District At- torney, calm ana imperturbable, but noting with a quickness and rapidity of conception his demeanor of manner would hardiy prepare those unacquainted ‘With him to expect every word and point of his op- ponent, sat at a table opposite the jury. Mr, Phelps, his assistant, sat opposite to him, and Mr. Tracy, United States District Attorney of the Eastern dis- trict, whom he: has assoctated with him in the con- duct of the case, sitting at bis right hand. Collector Bauley, the most prominent .of the government off- cials, connected as & witness in the case, sat next to air. Phelps, while District Attorney Couriffey, moving in aud out during the proceedings, took a seat from time to time wherever he could get one. A NOLL PROS. When the case was called on District Attorney Pierrepont moved @ noile prosequi in the case of Daniel ©. Birdsall, ove of the defendants, on the ground that the prosecution was satisfied that be ‘Was pot conn with the other defendants in the manner supposed when tie indictment was drawn, and now desired to use him as a witness, ‘The motion was granted, APPLICATION FOR A POSTPONEMENT, Mr. Stoughton said—After econsuitation with my learned associates we have thougut it our daty to move to postpone the trial of Mr. Fullerton till Mr. O’Conor, the senior counsel in the case, who 1s now too 111 to leave his bed, and who earnestly desires to be present, snali be sufficiently recovered trom 1l- ness Lo enable him tobe here. He carnestly desired to assist in defending hls frend, Mr. Fallerton, who was us law partner for ten years, against charges which concern not Mr. Follerton aloué but the pro- fession to which be belongs, the bench upon which he has sat and, vo some extent, the State which bas placed bim there. STATEMENT OF CHARLES O'CONOR, Mr. Stoughton then read, in support of the appli- cation, a part of Mr. O'Conor’s alaavit used upon a former application for adjournment about a week ago, and also the certificate of his physician, staun; his ‘present condition and the time when he wil probably be abie to give his unrivalled aid in behait of one whom he loves not the less because assalied by dangerous and unscrupulous enemies, and weighed down by the anxiety and anguish which their attacks have indicted upon him. Mr. Stough- ton, continuing, sau;—We wisn to state, in addi- tion to what 18 coutained in the papers, that there never has been @ time until last Monday, when the government could, with a suitable regard for its own honor and the due administration of public justice, have tried Mr. Fullerton upon this indict- ment. Until then no triounal was fitiy constituted for that purpose; and such 1s not our conviction only, but thar evidently entertained by the Attorney Gene- ral of the United’ States, when, in February, 1863, if we remember aright, be directed the trial to be ib poned until the April term, when tt was no doubt expected that Judge Neison wouid have been abie to wit here with a district judge for that purpose. ED illness Of that great mi ented this, the state of his health and pressing engagements also prevented bini irem sitting tor that purpose dur- ing lasttall, Vie have said that tue Actorney General of the United States, acting under the senay, nay, pressure, of ‘0 publicduty, . postponed al trial, because ei during the period, of sca postpone ately cofwtltuted fOr that jose; and the fupnanenee the justice of thie action is Manifest 1 the constitution of th court to-day. The ling: ju 1 long expel ence upon the bench, of gpeeng Varied experience fall to hie-ald an associate Distics Judge-if 1st, 96 call to his ald an a not at the a nt OD certainly ari the approval ef tue learned District Attorney, We must assume jt this step was by the presiding judge thought due to the governinent—due to the defendant—or he cer- tainly would not bave wit Wthe district judge jrom the absOroing duties Of nis own court. And we can welPuuderstand why, tu@ case Ike this, @ jusuce-loving magistrate sbould desire an associate pon the bench, in.the Cixeuit Court of the United States the de- fendent in any criminal case can take no appeal for the redress of error committed by the court, how- ever fatal to h!m—however dangerous to the adinin- istration of public justice. ust submit to whatever rulinga are made, aud if these uniawfuily consign him to a prisup there he inu3t go and snere be must remain his — allotced” “time, with two judges ubom the bench, if tions of law arlse—diMenit, important, oly decisive of the cause— divide. a opinion, stay the judicial band before 1 ts too. late, and certify the question ralsed, and view division Of opinion upon it, to the Supreme Court of the. United States, there to be nually decided. ‘Thus, aud thus only, can the accused ootaim the opinion of a higher tribunal than this, and, Ho.doubt, this con- sideration has, tn some degree, influenced the pre- sent formauon of this court, We repeat, therefore, that, as we Nave a right to assume, 10 the opinion of this court—tm the opinion of thé attoruey General Of the United States—in the estimation, we may say, of the prosecuting attorney bimse!f—uatt last Mon- day no tribunal bas satin this district ft to cry tas case, and if this be so until that day no postpone- ment was had except iu the miterest of public jus- tice—none whicain decency oars been dented, On that day, upon grounds thongbt sufiicient by tt Counsel ior Mr. Fullerton to contmue the cause, ‘aubil Mr. O’Conor would probably be suMolently recovered to be bere, we moved @ poatpone- ment uutil the 1st of April. This was dented. us, and now upon the proof we have read and in view of the fact that but a week’s delay {rom the time of tudictinént found until now, is justly chargeavie to Mr, Fullerton, we ask the Court to pustpone Als trial for three weeks, when, ay the physicians of Mr, O’Conor belicve, he can be here. Toisis an indul gence which we think the Court will graut,. Mr. u'Conor has assigned to himself an important duty Upon, ihe trial, and no one-of uscan perform tt as well, nor is etther of us prepared to do so. Hituerto the llness of counsel has been regarded as suficiens cause to postpone trials, especiaily where no detri- ment could happen trom delay, and certainly the government can auifer none bere; and if the expense of pee be urged, we will defray that and re- imburse to the government ailfit has paid, The Court, the counsel for the prosecution, and the pro- fession, the world, know tho value of the services we geck; and diould we go to the trial without asking the Court for time to obtain them, We migh! be blamed, if not Condemned, for negleoting the aid of that distinguished maa woo yourny to render 11. We ask the Court for no unusual imddlgence, The supreme law of the land guarantees w the accused the assistance of connsel. Mr. O’Conor bas Leen lected to act as such; i red tw do 80, but stricken with a painiul disease, bis sirengus is wasted, and a littie, buc very littie time is needed to reatore 1. On behalf of our client We ask, we urge the Court to stay this trial until My. O'Conor can ve with us.§ RRYLY OF MBs PISRUBPONT. Mr. Pierrepont rose to reply. Ile said be had no cognizance of masters whicd occurred in respect of the case before he was connected with tls preseat oflice, except what he found im the public nows- apers aud tue records of hisdepartment, But b fad read in the sewspapers that several postpone- mente of the cave hind beengranied already. It had ttied that Judge Nelson ehoula try the case ith of June last, Out he was vien tov iil to do ud he bad suvsequentiy beem called to Wash- ton, so that he could vot have tried the cave. He bardly thougot the jJearued counsel. Mr. Stoughton, Would assume, on serious consideration, that Judge Benedict or Judge Blatenford were uot fli to try we case—he would hardly say that. Mr. Stoughton—( sad whe Court was not flily con- ‘sivuted to try the case till jast Monday. Mr. Pierrepont observed that Judge Nelson was to have tried the case, but bis illness provenied him. General Grant bad instructed the Assistant Avtorney General, who beid over atter bis term began, to order that the trial proceed. He tad no doubt tiat Mr, O'Conor was til, and that his presence might be of great service to the defendant; but, he would ask, ‘when Was tho case to be ted? Obuer counsel might be sick, and other adjouruments mighi be uskea on the same grouad. his Jriend led nia to believe that be would posipone the case if left t0 his own responsibility. fe aad said that the President had tasuedan onier annuliing Ube stay of proceedings previously granted oy the Attorney General. What sort of discretion the Chief Magistrate of tne Uaton could have exercised in ® case which he took ont of the handa of the jaw officers of the government, he would leave tue court to nagiue. ; 14 Without auy compunction, at Mr. Genet, Mr. Stoughton here rose and sala the remarks of | He should Uae to Kuow Want wos cha | Beem pource of the President’s insptration when he issued ¢ order, Judge Woodward said he belicvea the President had not ventured to Interfere Witt the action of the courts, but to annul se stay Of proceedings, Which had been previonsty granted. THR TRIAL TO PROCEED. After a short consultation the Court decided that the triat must proceed. The names of the defendants were then called, as follows:—Wiillam Fullerton, Jacob Dupuy, Alfred A. Belknap and W, T. Windust, #od they ail answered except Helknap, whose recognizance was forieited. MOTION FOR A SEPARATE TRIAL. Counsel for the detence then moved for @ separate trial for Mr. Fulierton, on the ground that he was Dot 80 Inumately connected with the Other defena- ants in the alleged transactions as to make joint triat imperative, and that it would be to bis prejudice to be joined with she other defendants. Mr. Pierrepont did nos belleve that the Court had ‘the power io grant the motion, this being a case of conspiracy. Ina case where several were indicted for couspiracy, if all died save oue, that one could not be trred for the conspiracy, so One could Not be separated from otuersin a conspiracy case and Lied alone for & conspiracy, Counsel for detense urged that it was in the dis- cretion of the Court to grant @ separate trial. Mr. Fullerton had acted as counsé: im the matters charged, @nd bis postion was essentially diferent from that of some of the other defendants: who were admitted to have been guilty of criminal pracuces. It would be an anomaiy, in any event, to try Bel- nap, Who Was absent, and yet It was proposed to try ail tne deienuants togesner, The Court decided that there was no want of power, and that the request for a separate trial was Teasouable and would be granted, MR. FULLERTON PUL ON TRIAL. The case of the United States vs, William Fuller- ton was then called on and a jury ordered wo be em- panelied, The frst juror calied was Alexander Menzies. Who was objected to by the defenge on the ground that he bad previously served juror in a wial in which Moses and Jacob Dupuy been convicted, and that therefore he was liab: be biased in ube Present tria!. ‘Tne objection overruled, The juror was then challenged for principal cause. The ours decided that this objectiog was not made soon enough; it could not be entertained after tne pre- Vious# motion had been made aud decided; but, at the solicitation of counsel, the Court listened to argu- ment as to the hability of the juror’s mina to be Diascd, and also questioned the juror in reiaiion shereto, aud becoming saiisiied of the juror’s com- potency ordered nim sworn, THE JURY, The following jury were sworn to try the case:— Alexander Menzies, Tuomas Cook, Joon R. Van Buskirk, Simon Hetder, Robert Brannon, Alexander M. Alexander, George W. Sealey, Joho McNamara, Charies L. Fleming, Julien 8. Rcynolas, James Har- Tington and Edward Harris. OPBNING THE CASE, Mr. Tracy, United States District Attorney for the Eastern District, associated with Judge. Pierrepont im the prosecution, opened the case for the govern- ment, He recapitulated at great lengtn tne details of the charges against the defendant as embodied 10 the indictment. It was near five o'clock wuen coun- sel closed, and tue court then adjourned vl! eleven o'clock this morning. THE MISER FOX CASE. Three Muudred Thousand Dollars Willed to the Governmenat—Eccemtric Conduct of t Deceased—Ghoot Stories—Visitations of Cais aud Thieves. ‘The investigation tuto the interesting Fox will case Was resumed yesterday before Surrogate Robert C. Hutchings. As we have before reported, the de- ceased by his will, made in 1864, gives ali his pro- persy, amounting to upwards of $300,000, to the United States government to aid in paying the cost of the late war. INTERESTING TBSTIMONY—A MODERN DON QUIXOTE, The first witness called by the contestants was an oid Jady, who haa been a tenant of deceased for thir- teen years In one of hia Third avenue houses. Sho related many curious things about the deceased. She testifled thas on one occasion be spoke to her of @ contemplated attack upon him iu bis room the might before by thieves, and upon lis arming bim- self and tiring upon the intruders he discovered that the attacking party was only an unwardike tomcat; another time be entertained herself and chil dren with another remarkavie periormauce of a cat which he owned, and which would climb a pole and taik to him like @ child. Shortly atter thts be cxpieeed hig apprehension of approaching evil, as he had walked as far as Cooper Institute and hay- ing talien asleep on the steps he awoke to find a huge grave dug beside him anda venerable man standing near with long, Nowing nair, beckoning him away. The witness also recollected wnat. at about the same time he took her youngest daugiter, to whom he was muck alacned, with him to the Academy of Arta and Sciences and left the litue girl there for several hours te amuse herself without his company. On another occasion ue insisted on hav- ing anew fg of soles put on the child’s new shoes, altnough ahe bad not yet-worn them. Mr. Rittervand, counsel for the executors, by a r) examination Of the witness elicited the portant sect that all these eccentricities ocourred ‘since 1865, more than a year after the will was exc- cuted. Several other wisnesses were examined as to the habies and curions acts of the testator, but the BF Was DOC OL general interest. Tue trial will be mee Nex! when soyeral LD aevany ve ) ex tou oie ata capt ry OF ae ceased, Mr. ii ‘band appesred for i.be executors, Mr. Cone for tae United States and Mr. Piln jor coa- Vestanis. A TRAGEDY I THE SLUMS. The Hannon Homicide—Verdi¢t of the Jury— Warrant Tor'Hartnetv’« Arrest~Who Acted the Part:of Infarmer ¢ Yesterday, atyernoon Corouer Flynn, took up the ease of Henry Hannon, who recently, diea in Bellevue Haspital from che effects of injuries to tho head re- cetvedon thé sth diy Of December fast at 33 Mul- betry street by being struck by @ tatohet tn ‘the handa,of Dennis Bartnott. After/lying ti the bospitat forsome weeks Hannon so far recoyered.as tobe adie vo l¢ave, when he deciined to make @ complaint against his asdaiidnt. It wags in’ vaih that Captain Sourdan, of the ‘Sixth precinét, “ufged Hunton té make ap aflidavit, 86 that Hartnett could be held; and gt length the latter was diacnarged, eitherwita’ or without bull. Subsequently Heanop,. deing. taken worse, wae remdved fo Bellevue Hosyi-. tal, where’ ne died & few days ‘ince from, abscess of the brain, .caused’ By « the: injuries received. Ca) Jourdan and his officers seem to think it very strange tha! tram aay, after Hanuon’s decease some oue walted upom and informed him of his victim's a Ab, this tt became alarmed and made hi searce, teeing zones in Brooklyn, so twat when dewc- tive Wooldridge called ‘be was coolly informed that an oficial beon there before him and wid them all. about #. Two boys who saw. Hanooo and Hartuett immediately after their quarrel observed piooad running from the Wounded man’s head; they did not see. the blow strock with the hatehet. Officer Reynolds teatitied to being called to the place and arresting Hartnett, ‘Phe case was then given to the jury, WHO rendered the following: VERDICT, “That Henry Hannon caine to of the brain, the result of tn) inticted by Denna Hartuett on the 8th day of Devember, 1360, at No. 38 Mulberry street, by striking him on the head with an axe. After the verdict wag rendered Coroner Flynn issued @ warrant for the arrest of the accused and pibea it im the bands of detectives Wooldridge aud Riker, of the Sixth precinct, for execution. It is understood shat Mr. Howe, counsel for the accused, bad advised him to surrender himseit; but whether he Will act upon the advice wua given re- mnains Lo be determined, THE DANGER OF IWTERFERENCE, the Rescue—Shot Rewnurd, A case came up yesterday afternoon ak the Nasex Market Police Court which exhibited very forcibly ihe danger of interfering betweea* parties who are quarreling. A citizen passing along a pubile high- ‘way heard cries which ted nim to believe that some outrage was peing committed, and wien he went to ascertain the cause of the outcry he was suot at and Wounded, tu@ injunes he received belug, fortu- nately, but trifing. Mr. Charles W, Genet, residing in 118th street, be- tween Third and Fourth avenues, and well known a8 & conductor on the Third Avenue Ratlroad for the past turee or four years, was last night down town ig company with some friends, After spending some time with his companions in the house of an- vther friend in Kast Broadway Mr. Genet started along Hast Broadway toward the Bowery, the hour being late. Walie walting along he heard a man fad woman quarreiliug on the opposite side of the street, and alter passing tiem he waa reminded of the quarrel by hearing the woman scream oul ae if she were beliig toully used. Mr. Genet at once started to see what was going on wnd discovered a man draggiag & Woman along by tha hate of ber head, and ovuerwtse maitreating her. Mr. Genet remoustrated with ihe man Jor his brawl condnct and then attempred to stop Dim in bis crueity, The man wanted to know wiat business Genet had im the matter, and upon that gentieman continuing his interference, the man drew a revoiver and fred rhe ball strtick Genetin the collar bone and glanced of, foringately, aud only Indicted a skin wound. An oMcer Of the Seventh precinct, attract the notse of the discharge of tne pistol, arrived apou the scene, and. arresied We would-be assassin. When taken tothe siauon house he gave tis name as George Fail, a German, residing at 7 Henry sireet. Wien iaken before Justice Ledwith, at Kawex Market Police Court, the prisouer denied ais guilt, sy eunwes 0 64,000 Dah, ts death by abscess Going to At as His ‘The Albauy wad Susquebanua Rallroad Liti- Railroad et al.—Thia case came up ona motion to show cause why David Groesveck and others, de- fendants, should not be restrained from selling, #8 signing, transferring, disposing of the stock of the Albany and Susquehanna Railroad Company, which whey or any of them received from the company at any price below $100 per share, and also to show cause why the company should not be restrained from permitiing any of the shares to be traasferred upon the books of the company until the full $100 per shai ing ciaims on the sald company irom further payment of such shares. company had iasned 2,40) shares of stock to David G the plainti claimed that they should be required to pay seventy-nve per cent more. alleged that certain parties had subscribed for 95,000 shares of stock, and as they had oniy paid ten per cent thereon they should be required to pay ninety per cent thereon to the company. \e been argued PE Mesgrs. Field and Trace plaintt Mr. J. H. Mot, J. He ar) aud L, Phelps. former set foi that be was acquainted with the atairs of the com- fraudnient combination were {alse, @ ovner of the defendants. That vefore the comuience- COURTS. THE Litigation—Cost of Killing a Hus- band—Declslons. SUPREME COURT—SPECIAL TEAS. « . Hefore Judge Cardozo. James Fisk, Jr, vs, The Albany and Suaquehanna is paid to the company, and from declar- the same forfeited and irom releasing the The complaint set forta that the ocabeck and otuers at $25 per share, and Tt was jurtuer The case baving for te ‘arland read the amdavite of ‘The affidavit of the rth that he was President of the road; pany, and tual «ii the charges of conspiracy and that te grievances stated in the compiaint were without foundation. It further alleges that the action has been brought with intent to imjure the company and ment Of this action, and before the commencement Of the suit of the Peopie of shis State, James Fisk, dr, and his associates had entered into and ior a jong time maiptained tbe said Combination and con- spiracy, witu the fraudulent intents and design afore- suid, and in carrying oo the same the said Fisk and is co-conspirators from tume to tne instituted sults Without cause, Obtained and used orders of injuuc- ton, receivership and attachment for which they bad no legal right or probable cause, procured the arrest of Geponent and bis counsel, witout right d for the purpose of Lindermg bim from periorm- ing his duties and exercising his rights as president nd stockholder of the said compony, ad have at- tempted by force and by “strong band aod imuiti- tude of people” to take ion of the railroad and other property of said company; and that to the best of deponent’s Knowledge, information and belief the present action and the pending mouon therein for an Injunciion are parcel of the fraudu- lent means by which the plaimtiff and bis con- fedorates are Carryimg on their conspiracy, and the same are prosecuted for the promotion of the objects of said conspiracy. Wii regard to the issuing of ‘certailicates for 2,400 shares deponent alleges the facts to be as follows:—Davia Groesbeck and others loaned to the compan, 000 upon Lhe company’s second mortgage bouds, At that time the company owned and heid wore than 7,000 shares of its own capital stock, which had previously been duly sub- scribed for, and at least ten per veut had been duty Paid thereon. Upon the maxing of said loan, and in consideration thereof, tae company at the same tame contracted and agreed with said Groesbeck and the other persons im that section nawed Wo sell tiem, atany time wittin fifteen montus thereafter, 2,400 shares of the company’s stock at twenty-five dollars per sbare. The loan Was made. aad the 2,400 were then the Sbsolute property of the company, and to + issue certificates therefor for full paid shares not subject to call or assessment. Within fiiceen montas said Groesbeyk and ovuers elected to take the 2,400 shares, 1u pursuance of the contract, and paid tovhe company ten per cent ou tue $300,000, being $80,000, and also twenty-five dollars for each share, being $60,000, and the company thereupon placed the 2,400 shares to their credit. The deponent de- nies that the deieudants agreed to pay the company te rematulug ninciy per cent of the ription wheucver the same was required, é@ affuavit denies ee the allegations contamed in the complaint, 0, A. J. Vanderpool followed on the same side, and tie case having been sully submitted, the Court reserved its decision. SUPREME COUAT—CHAMBERS. Decisions Rendered. By Judge Cardozo. Buidie,—Mouon granted, Wilbur vs. cots, Sampson et al. vs, Woed et al.—Issue allowed. Lawless vs. 0 Manony.—Motion apenver. by Judge Barnard. Sern vs. Shaughnessy,—Motion granted. Marvin vs, Hoffinanel ai.—Movon graniea. SUPERIO8 COURT—TRIAL TERR—PART |. The Killing of a Wusband Laid at $5,000 Damages. Before Judge Barbour apd a Jury. Grace Tobin vs, Tre Manhattan Hotsting Com. pany.-—This was an action brought by the plaiutiut to recover damages for the kiflung of her husband, Thick pe ae an, poor iM ee haga ne was ing carried up on one of 0: Apparatus ort derendunrn, on the corner of Broadway, aud street. The cyidence developed tue fact that ook had not been properly applied ny the engineer. to the apparatu® ana is Consequently be- cam peperaied, from it, the resulé being the killing ‘omen, of whota plaintiffs husband was one. The case came before the Conrt in the shape of an Inguest, the defendants not appearing, aud the gust recovered $6,000 damages, which is all the jaw allows in causes of this mature. SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Spencer, » Mary, A. Sqrdres vs. Frederick R. Sherman; Flynn t. Wualt; Sweeney, Receiver, vs, Colgues Baitwin et Gl. vs Gayler ot ele; HGU vge Butler, aiid Fowler vs. ‘Adamson,—The plaintt attorneys in each of the foregorag causes, Will farmisn the judges before wWhon the cases were tried with a copy of the steno- graptiers Tainutes within five days, ard tne resocc- Y plaintids and defendants will, within the same time, present avy written poinis or th ag relied wee ‘with proposed findings of law and f% Gohen bs. Kelly, SleriJe—Case settled, By Jnage Jones. Dockworth vs. Green e¢ al.—-Case settled and diod. By Judge Freedman, Sint es, Coe.--Motion staying proéeddings granted, By Jaige Jones. Tay vs. Ruehe et ai,—Movion aeuted, with ten dol- lars coats. Brown ts. Gannor.—Motion granted, without coats, The People et at, vs. Schloke.—Complaint dismissed, With,coats. Rarnstorf vs. Thompson.—Same, Helis vs. Perrve.—Movion for new triat dented, with costs, Ques ve. Commonwealth Insurance Company.— Motion granted and canse referred. Rarton vs. Weatmore.—Mouon granted, witu ten dollars costs, with liberty to renew, &c. COURT CALENDARS—THIS DAY. Surnume Covrat—Crecuit. without Cardoz Court opens at half-p s 4242, 1 1197, 1728, 1646, 1492, 1043, 2027, 1341, 55i, 1S19, 1918, 2123, 406, 873, 1165, 605, 611, Part2,—before Judge Brady. Court opens at eleven A. Nos. 244, ‘384, 1624, 1612, 3674, 1620, 90, 1 400, 272, ‘1104, 90034, 1564, 940, 126%, 1 SUPREME CouRT—-SPmCIAL TRRM.—Held by Judge Barnard, Court, opens at hatl-past ten A. M.—De- murrer No. 26; law and fact, 244, 23, 24, 25, 26, 27, 25, 29, 31, 3%, 83, 84, 35, 36, 37, 5B; 39, 40, 41, 42,43, 44, 40, 45, 47; 48, 49, 60, 51. SUPKEME COURT—OHAMBERS.—Held by Judge In- graham, Call of calendar at twelve M, Nos. u4, 64, 57, 58, 06, Cail 70. Surenton Court—TRrA ASG, 257 cue Jndge Spence: 1714, 1050, N 2030, 110k, 2112, 1814, 1u98, 172 2042, , 184%, 2062, 2064, 1755, 1738, 1664, 1742, 1314, 1890, 734, 1700, 2004, 1780, 1538, 1418, COMMON — PLEAS: Takw.—Part 1.—Hefore Jadge Van Bru 104, SBT, OBL, B40, 770, 193, 194, 1701, 4 471, 747. Patt 2.—Ad Jonrued until next Monday for want of jurors. MAKINeE COURT—TRIAL TERM.—Part 1L.-—Before Judge Ourtis,—Nos. 94, 400, 628, 978, 4446, 537, 400, 406,409, 410, 414, 420, 421, 424, 424, 425, 429, 61, 4 45% Pal —before Judge Alker.—Nos, 1642, 352, GO, 045, 887, 300, 392, S¥:!, 395%, 394, 309, 401, COURT oF GENERAL SESSIONS.~—Held by Judge Bed- ford. Court opens at eleven A. M.—The People vs, ‘Tuomas Manes and Wiliam Flaennry, rape; Jawes Hayes, robbery; Joun O° loole, faise pretences; Wil- liam ‘Micele, robbery; George Alien, Frauchs’ Rea. mond, Ceorze Wo Joan sod ree and Jonn Doyle, burgiary; Join Leary, Jonn Grifla and Joun Blaney, graud larceay; Jamies smith, Jareway from the person. DRap.y Rese OF A FAMILY FRUD.—A deapaten from Pleasant Hit!!, Mo., March 4, say#:—A horrible Inurder Was committed yesverday five miles, from here. A man named Dunnington murdered ts brother-in-iaw, Kussell H. Hines, They met on the pable ligoway, when Dupoington demanded one- halt of the road for his wagon. Hines yeruse.| to give it, and the murderer say# he raised an axe im attt- tude to Btrike, when he (Dunnington) shot him three times and then took the axe and masbedl in his head, He Was unmediately arrested avd 18 OW ta jail ab this place awaiting @ preliminary examination, This murder created conaideranie excitement. Nanning. ton may think himself fortunate if he don’t get lus Jeet deverta, on shert notice, Hines is reported te have been & very quiet, Inodensive man, and cuere is raid to Dave beey A feud cxistipg between tue var died Jor BOMme Lge Dass, 5 THE EMIGRANTS EMEUTE. The Albany and Susquehanna Railroad | lavestigation by the Legislative Committee— Second Day's Proceedings. L. D. Kiernan Aftor the “Plum in the Pud- ¢ing”—-Sharp Examination of the Commis of Emigration—The Late Riot om Ward's Istand—Interesting Testimony, ‘The Assembly Cominittae on Commerce aud gation, of which Mr. Lawrence D, Kiernan as chair- man, met at the rooms of the Commissioners of Emi- gration, at Castie Garden, yesterday at eleven o’clack, for the purpose of continuing the investi- gation into the causes of the late riot on Ward's Island. The following named members of tne com- mittee were present: Kavanagh, Nacntwan, Decker and Clarke. ‘Measrs. Kiernan, Bergen The ex- amination was conducted by Mr. Kiernan, who questioned each person broughs before the commit- tee at great length. Comunissioner Lynch, being called and sworn, tes- Ufled that, #0 far as be bad seen and so jar as/he kuew, the trust reposed in the comantssion was weil Administered. The superintendent on the island was a good disciplivartan and Gills his post credit- ably, though some say that bis treatment of the emi- grants is harsh, He (the Commiasioner) was in oMce six weeks, and visited the island tbree times, The i intention of the Commissioners 1s to render the con- dition of the emigrants comfortable; there could ve no danger in giving the emigrants knives and i broper police regulations; the su; orks and Kpoons Lo eat their food with if there were perintendent in empowered to make ail necessary regglations; the men get vegetabies at dinner, and baye plenty to eat; did not get this information from the inmates of the institution; it would be a premium on idle- hess to give the emigrants better or more food thi they get now; they have no proper ground of con- plaint, but are well cared for; the barracks might be improved; the object of the commismen is to pro- tect the emigrants; they might be elevated socially; ‘the condition of the barracks or the sreatment they receive 1s not calculated to elevate them socially; no member of the comm.ssion can derive promt, directiy or indirectly, from his oMce witout perjuring bimself, Commissioner Loutrel, chairman of Ward's Isiana Committee, was next cailed and sworn. He testified Vhat he visited the tstand twice a week; have not been there since the 22d of February until yesterday, althongh chairman of the committee; have no special duty; the superintendent Las aiscrewonary power in dealing with the emigrants; he ean send them off the isignd, confine thei in the cells, or put them on bread and water diet, but cannot punish them any other way; the general treatmpnt of the emigrants is good; don’t know the causes of the recent riot; think that the amouns of food furnished the inmates of the institution 1s suMctent; the average number of inmates 1s 1,500; have heard that there were elgot towela in the washhouse; ing accommodations were ample; Yaatters which should receive the attention of the superintendent, who actt under the direction of the commission generaliy; the superin- tendent never made @ requisition for spoous; saw somé spoons in the hanus of tnmatea three mouths ago; the supplies are furnished on requte- tions drawn by the bead physictan, apothecary and steward, signed by the superintendent; the latter purchases coal, flour. eggs and laraber; it ts dia. cretionary with hin where the purchases are made; the repalrs on the buildings are nade by Mr. Waiton, Who Was appolated by the Waru's Island Commities: Walton got ten per cent on the jobs; others did the work and he saperincended; Mr. Wella, the super we wasn- these are Intendent, receives no ‘perquisites; be (Mr. Loutrel) suggested that the Commissioners should be empowered by law to prevent idle persous Who are avie to work from going on island; there is in the hands of the Coumiasion: at present, upappropriated, $75,000, besiages the $260,000 set apart ax a fund for the erection of the insane Asyluin; the commision realizes enough money to keep the emigrants properly, and if the la- wates of Ward's Island do pot get proper treaiment itt# the fault of the superintendent and officisia commission. jouer Sinith, being sworn, said that be did not think there was sumciont cause for the riot; the property owned by the commission 13 worth $1,000,000; couid not state what was paid for it; one 10 wis purchased from the estate of hobert B. Winston for $50,000; don’t think that the amount of money received on account of emigrants 13 sum- cyent to support, cloihe, feed and house properly the inmates on Ward's ixland; the number Of cwigrants who arrived at this port in the four years the witness was & Commissionér Was 636.187, and the money re- ceived on their account amounted to about $1,760,000, Question by Mr. Kiersao—Is that sun suficient, with the Interest, to feed, clothe and nouse properly all the inmates of Ward's Island for four years? Answer—It is not sufictent to meot ali the itabtit- tes of the commission. With respect to Mi. Walton and the proposed asylam witness stated that he thought it would have been proper, as was proposed, to give the carpentering work to Mr, Walton with- out making 8 contract with bim. Walton bas done jobs on the isiand to the exteut of $20,000 at least without being under contract, I have not been on the igiand since the riot. The men have food enough. Don’t believe that the state of things re ported In the papers exists on tne ieiund. The in- Inates have opportunities lor mental improvement. They bave @ reading room capavie of seaung tilcy people, The average number of per-ond in the retage 161,500, These matcers of detail the super- intendens i¢ abundantly abie t attend to. William, Milton, the emigrant Wouse zeal on be- half or ils fellow conntrymen was the princtpal cause of the recent disturbance on the Island, Was nextexamined. Jie proved to be somewhat ‘tait” on Tuestieri#in and Kinared supjecta, but was per- feguly sane on Matters OL More Lamediase Interest. He was particularly sound on the food question and ave tis evidence very clearly and circumstantiaily. Jig statement was fully borne out by the testimony of the other em!grants Who were examined on Sat- urday, and showea conclusively that the manage tent of Waril’s Island was simpiy outrageous, Commissioner Winston, Vice President aud ¢ mau of the Finance Committee of the Boant of Hm. gration, was next examine), He was the only md@inver of the commission who reimrned direct answers to Mr, Kicrnan’s questions, ie said that the Commissioners had on Rand at present, subject to draft, $40,000, The receipts last year were from commitation Of passengers $6462 60, aud from commutation of special bonds $7,710; securitios naa to be sold to defray expenses. During is term of oMice $500,000 bad Leen spent for the comfort of emigrants, ‘Dine votwl receigté last year were $535,530 and the expeases $174,193, The number of enmgrants arrived iast year for whom comiuutation Was paid wan 253, 35% ‘Taking the dgures gifen by Commissioner Winston. as @ oasis, Mr. Kicroao here made acaculation that one-half of one per cent only of emigrants who arrive at this port eack year are accommodated at Ward's Island OQ being ANHoUnGed produced a decided sensi Commissioner Winston further testified that hoe beleved Mr, Walton, tie gentleman wio repaired the buildings on Ward’s Island, did work to the amoant of $70,000 without having to enter into a contract. Mr. Winston said that he was startled on hearing that the ciulgrante on the isiaud were noc provided with knives, fork® and spoons, and that abr if the Commissioners wera only aware of such @& condiuon of affairs instant mea- sures would be taken to rémedy 1. During the examination of sie Commissioner Mr. Dee! ag to the property oa Staten Island formerly held by tie Commissionors of Emigratuon, whe tle extraordinary statement was made that, although the land Was sold three: years mince. w some parties to the Witness ankdowh, the Commts- sioners were still Compelied 56 pay $12,000 per an. terest on mouey borrowed trom the Mutu 2 Company 10 1832 Oh RLCOUnL oF it. The y borrowed for the Of re-erecting butldings burneu that year py # Staten Isiand mob. ‘The indemnity ontaived from ond county for the joss of the bulidings Wage ‘into the Stave Fi oasury, Aud the Cominissloners Dever got nny of since. committee adjourned: to five o’ciock and the memvers dep ka arr $0 catch the evening trai for Albany. Mr. Kiernan @nd the other mew- bers of the cominitiee feel satisfied that there is @ big “plum in the pudding” somewhere and are de- termined to get at it. ‘The investigation is to be counmued unt all the facts concerning the late jot and the ianagemens of Ward's isiand are ob- ined. ‘The testimony already taken 1s very voin- Midous, but the above abstract, with that in the re- pert of Saturday's proceedings, embraces al) the cle points of interest. THE SUICIDE OF MA. HARDING. ‘fwo or three witnesses were yesterday examined in the cage of Mr. Joon George Harding, the Eng- Usninan who committed suicide in the disreputabie house 122 West Twenty-seventn street, as already reported. Georgiana alien, mistress of the house mM question, deposed that deceased baa been in the hanit of calling at her piace aimoastevery evening for @ month previous to Dis death; he usually seemed to be under the tifuewee of Hgter; drank wine and played cards, of which amugeimeng he appeared to ve passionately fond; said be wag in ihe habit of lakiag opium; deceased told the witness tiat he wont Ww several gambilng houses and lost some money; on Friday wight he called and had a bottie of wine, tor which he said he could not then pay as he bad lost thac might heavily a6 gambditag; at two o'clock Saturday morning Gecewsed retired aloue and he w een NO more alive. 1 Dunning, an unmate of the house, gave lestiiuony mainly covroporative Of tags of te pre: Vious witness, ‘she case Lag Dot yes Deen concluded)