The New York Herald Newspaper, August 11, 1870, Page 6

TH NATHAN MURDER. Fourth Day of the Investiga- tion by the Coroner. FREDERICK NATHAN ON THE STAND, Pertinent Questions and Signifl- cant Answers, Probable Conclusion of the Inquest To-Day. Will the Verdict Point to the Criminal? What the Poles are Doing—aArrests Yester- day and Their Explanation, ‘The inquest in the Nathan murder case was con- tinued ) oterday in the chamber of the Supreme Court Special Term), and as on the preceding days, the crowd in attendance was immense, The Nathan brothers were present and appeared to be very much interested in the testlmony of the varlous witnesses, Its a fact which has been generally remarked that the eldest son, Harmon Nathan, has not made his appearance ia the court room since the inquest was commenced. The evidence of the first three witnesses—Boole, McEwan and Moore—did not amount to mneh, it velng merely corroborative of testimony already elicited, A KING'S VIEWS. Richard King, a laborer, testifled that he had worked in the Nathan mansion the week of the mur- der. Whenever he went to the house he usually got in through the basement door by ringing the bell. ‘The door was alyays opeued either by Mrs. Kelly or her son, Once or twice, on going to the basement door, he got in by putting his hand through the grat- ing and moving the latch ou the inside, but was not able to open the inside door, Once he entered both doors without diMecutty, but young Kelly was at the time in front of the house sweeping ofthe walk. Keily did’nt seem to be very busy at any time im the house as far as he was able to see, but he appeared to be watching everything that was going on in the house. He did not hear of THE MURDER until he was coming back to work at the house on | Friday morning, when he met Kelly onthe stoop, who told him that Mr, Nathan had been killed In his own room, THAT “DOG’? IN THE STABLE. Morris R. Williams, the boss mason, was the next Witness, His testimohy concerning the “dog” is vaulable, and may have a great bearing on the case before it closes. He stated that ne had been at the house the week before the murder, supervising cer- tain repairs that were being done, The day before the tragedy he went to the top of the house and ex- amined the chimneys, After he came aown he thinks the scuttle was shut and fastened on the in- side. He had told several persons that he had seen an instrument like the tron “deg” with which the murder had been done behind the stable door abont @ year ago. This statement he had made | since the murder, but he was not willing to swear positively that the instrument he had seen in ihe stable a year ago was the same as the one which | he had been shown at Police Headquarters and yet || he would not swear positively that it was not the | same, He was under the impression that the one he { ®aw in the stable had one of itsenda square. Itwas, | he judged, about the game size as the ono with which the MURDER HAD BEEN COMMITTED, Tt had prongs oy bent ends at each extremity, but he believed that it was made of heavier iron than the dog /ith which Mr Nathan was killed, The instru- ment he saw a year ago was lying at the time on the Moor of the stable benind the door, Carpenters and plumbers were at work in the house when he saw it. When he saw the “dog” lying at Mr. Nathan’s head | it did not at once strike him as being like the one ne | had seen in the stable a year provious. THE DAY AFTER THE MURDER he spoke about it to two or three persons, and asked | Jerry Keliy and Mr. Nethan’s servant man if they bad ; ever seen an instrument like the “dog about the house, and they sald they had not, He knew that sawyer’s madé use of an instrument like the “dog” to hold heavy planking wiin while sawing them, At ‘or about the time he Lad seen the instrument last | year there was work golng on in the stable. The | workmen, he believed, were laying planks in the stable. The work was being done by Mr. McKenzie, carpenter, but he had spoken to that gentleman about the dog,” and he had declared that he or his men never had occagion to use an fastrument of the kind for any purpose in their work. Robert Newton, a mason, testified that the morn. | | ing before the murder he went to work to repair chimacys on the roof of Mr. Nathan’s house. He ; ‘was once or twice LET IN THROUGH THE BASEMENT WAY i by Mre. Kelly and er son and at othertimes he got | in through tho stablo from Twenty-second sirect, another workman admitting him and locking the door after him. He had seen instruments somewhat simi- lar to the “dog” in shipyards, but he had never geen anything like tt in or about Mr. Nathan’s house He and King were on the root together the day be- fore the murder and on coming down he’ came first, King might nave eosily LOCKED THE SCUTTLE after him without his knowing that he did s Whether he did lock it or nothe could not positively Bay. WASHINGTON NATHAN AGAIN. Washington Nathan was recalled and asked as to when he first discovered the hall door open the morning of the murder, and he repited that he had got within two steps, 01 tie staircase, of the hall- Way on the hall door floor when he discovered it open, He was unableto state upon whose recom- mendation Mrs. Kelly had been employed by nis father to take oare of the house, The coachman now in the employ of the family had been employed by them for three or four years at least, The night of Nes murder the coachman was in Morristown, ie FREDERICK NATHAN'S STORY, Frederick Nathan’s evidence was listened to with great interest by the jury and everybody in the court room. He described how he went to tho synagogue with his father the night of the murder about seven o'clock and aflerwads went to Brook- lyn to visita friend. He said he left by the eight o'clock boat from tho foot of South sireet and re. uurned by the eleven ofclock b: When he entered house it was a quarter-past twelve exactly, ashe | saw by the Fifth Avenue Hotel clock, He opened the | dail door with his night key, and, on passing nis | sather’s door, the old gentleman called out | “WHO 18 THAT? and the witness replied, ‘It ts I, sir.” The deceased Uren asked tf Washington had come in, and Frederick deplied that he did not think he had as he had not vound the key in the door. Qld Mr. Nathan then told Frederick if he wanted any ice water he could get some in his room onthe mantel, Witness re- plied that he did not want any, as he just bad a trink., The room at the time he was speaking to his her, the witness stated, was completely dark. He 0b up about ten minutes of six the next morning wnd walked into Washington's , Whom he FOUND ASLEEP. ‘Knowing that he would have soon to get up to go | ‘W.th his father to the synagogue, to atiend the ser- | vices commemorative of the anniversary of his gcandmother’s death, he did not wake him. Shortly afterward Washington got up and went down stairs to call his father, and wile he was down on the second dvor he heard him YELL OUT IN ALARM. Frederick at once ran down stairs, under the ime pression that Washington had met some person in the hall who had attacked him, and he immediately rusued down. On entering his tather’s bedroom he alscovered the dead body. It was lying on its vack, the hands being somewhat raised above thé level of the body and haif shut, sbut not tughtly clenched, the nent one being raised a iittie more than tho left, He met young Keily, with lis shoes in his hand, going wiown stairs a qaarter of an hour efter he Hac discovered the muraer, On s2elug him the wit ness exclaimed, ‘Kelly, MY PATHER HAS BEEN MURDERED;”’ at this Kelly stood for a minute looking at him steadfastly, butsaid nothing; where he went after this the witness did not know; his faiher, Frederick sani, Was in Ms stady alittle after six o'clock the evettng of the murder, aud, to the best of his know- Jedige, 20 person but Ann aud Wuilaw Kelly were in ‘8 | house, about four days; I usually went in tho morn- etree ne wertoes meme ons | ma eens \THER'S WILL to see us, or to seo ely or ber son, while moore ap that ‘about six or elght ‘Nyaepe heture his | I was there; spoke to oan ally about the murder; death he had been toid by tim that he had been he seem +1 him if I could get my Ba eating Seu attgnt th ceer at: | Haury MeSt Real aig fie tbat tenn) ted to ‘about without his glasses he would | never heard re Was & safe ix Mr, Nathan’s roomy im all likelihood have stum! chair if BLOODY CLOTEES went into had been sent to the wash pee they had been, but | ticular conversation with any one t! LOODY he thought nothing of ance, ag the ofit- cers had examined them; when they had been sent he had declared that ne did at the! house the nigit of the murder; he a the ay ees rps ae een that he had pikes up cketbook, and, after examinin, told the t it contained *s 4 BOND, BUT NO MONEY; no such tl occurred between them. The lock to the safe in the study, he said, was not @ compll- cated one or one catled'a ‘combination lock; it was opened by an ordinary pronged safe key, and any oflicer person who had possession of it could e have opened tt; he saw Mra. Kelly on the landing after the murder, and she seemed to be taken completely aback when he told her about it, He heard no noise during the pigs of the murder, and did not awaken at all duriog the night. FOOTSTEPS THAT ‘R HEARD. Washington Nathan was recalled and testified that he had heard footsteps over nis head ag he got up the morning of the yacraers they were in a room where young Kelly was; he it was, and not his brother, who bad picked up his father’s pocketbook at the side of the body and-exhibitea the contents to the officer—Mapgam. The witness stated that Kelly must have been in a room that was not his owa bedroom when he was heard walking overhead, Tho Testimony. Leonard H. Boole, of 109th street, between Third and Fourth avenues, swora:— % What ts your busintss? A, Iam a shipwright, . How long have you heen in the trade? A, aks thirty-three ‘yeara, i In your business did you ever uso an instra- ment called a dog (showing the 0 1st like this? A. We use an instrument similar to this in our shi} butiding yards; there are various kinda, and made in different ways; the dogs that aro made after the shape of this one are what we usually term “deck dogs,” and we use them for laying down the decks on or floors, Q, What is the usual thickness for these small deck dogs? A, We haye them from two and a half inches to five inches thick for such work; 1 have seen one made that size and shape, but I never saw one made with chisel steel ends and with points like this; I never saw a steel-pointed one before; I do not think that a dog made after the other shape would leave any such indentations a8 those made by this one; my iinpression is that the person who made this one knew perfectly well the purpose for whiol it was intended, or he would not have made it with STEEL OMISEL ENDS; Ido not think it was made by an ordinary black- smith; I have never seen an instrament ropes | like this one used in our trade, but for the pul- pose of barge building. A Plumber’s Evidence. chael McEwan was next sworn and examined, I ama house plumber; I was at work at jathan’s house on the 28th of July; 1 worked there from the Saturday previous up to the 28th, prior to the murder, Q. How long did you work there? A. I was there altogether tour @ays; I usually entered the house irom the rear; I had sometimes to ring @ number of times before I could get in. Q. At the time you worked there did you see any other person or b a od beside yourself in the house? A. Yes; I knew Mr. Nathan; I saw him several times while I worked there; THE LAST WORDS he said to me was that I was to hurry up and get through with the work T had in hand; I never used a “dog” while at work there; I went in at the front Pere Many times; I worked in the stable while ere. Q. During the ttme you worked there did you see any one besides the plumbers and carpenters? A. Yes; lsaw CF eg) man one morning sitting alone, who appeared to be watching; I went in that morn- Ing at the front door; I never had any person to visit me whiie I was wor.ing there, More of the Same Kind. Henry Moore, 166 West Twenty-seventh strect, Was then sworn and examined. . Q. What is your business and by whom are you employed? A. I am 2 plumber OF trade, and am employed by Mr. McEwan; I am twenty-one years of age; I have lately arrived from Ireiand ana‘have worked here only three months as an apprentice; I worked at Twenty-third strect, at Mr. Natha: ing at half-past six; MRS. KELLY’S 80% let me in once; I went in through the front door three or four times. Q. Did you see any one inthe house during tho time you worked there besides the plumbers and carpenters? A. Yes, 1 saw Mrs, Kelly’s son; I never saw an instrament such as that ‘log’ during the time I worked there; 1 examined the water pipes wiule there and did other work. Q. Did you see any one else tuere while you worked in the house? A. Yes, [saw Mr. Frederick Nathan in the attic; 1 worked iu the bathroom for haif a day; I nodded to Mrs. Kelly’s son once, under the impres- | slon that he was attached to the house; 1 usually | saw hig sitting at the window READING A PAPER; Inever spoke to him; no one came to see me while Iwas working at the house; on the night of tue murder I siept In my own room; on Thursvay I was at work at No. 211 Mercer street; I first heard of the murder on the morning of the 29th; I was passing along Twenty-third street, and, seeing & number of people on the stoop, I inquired of some one what was the matter, and was told that Mr. Nathan had been murdered; I was golng to work in the house that day, bué on nearing of this I went at once to my employer and told him that I could not work there (hat day on account of the murder. ‘Testimony of Robert King. Robert King was next sworn and examined:— Q. What is your business? A. Iam a laborer, and live at 111 Kast Thirty-niuth sireet; I worked for Mr. Morris Willams, and on the 28th July 1 was at work at-Mr. Nathan’s nouse; I went to work at about seven o'clock in the morning and I was some- times let into the house by Mrs. Keliy’s son; I was engaged in doing some whitewashing there; I saw plumbers and carpenters at work in the house be- sides myself; L also saw the young Messrs. Nathan; lrecognize them in the court; I also saw Mrs. Kelly. By the Coroner—Dia you ever see an instrumentiike this (showing the iron dog) while you were at work there? A. No, sir, [never saw the likes o’ it In my life before in this country, though I remember gee- ing a similar thing in Ireiand (laughter); I worked r. Nathan’s ove day; I was let into the house by young Kelly once; I did not do any work in the yard, nor did 1 know any one there beyond what I said beiore; I was up on the roof on the 28th July, and assisted in re-setting a chimney pot, and locke: the scoop afterward; 1 arrived at the honse on tho morning of the murder at about twenty minutes past seven, and saw young Kelly there, The Boss Mason and the Dog. x Morris R, Wiliams was then sworn and examined Q. Wuere Go youlive? A, At 102 East Fiftecuth street; Lam amason by trade; 1 have done work for Mr. Benjamin Nathan, in Twenty-third sirect; I worked for htm up to the day of his death, Q. What was the time you usually went to his house tn the morning? A, Sometimes at seven and sometimes at eight o’clock in the morning; I entered the house at one time through the front door and at another at the rear. Q. Did you ever open the door by yourself? A. Yes; once when Mrs. Kelly was eagaged in the rear of the house; I saw plumbers and carpenters there; 1 have s an instrument elmilar to the one you ay iy in the stable behind the door, towards the lei Q. Who ald you tell about this? A, Ithink I told a Mr. Teeman; I aiso told Mr. stanley Wiiliams, of 80 Broadway. (Instrument produced.) . Is that the one you saw? A, 1am not sure. . Did you take lv up in your hands and examine ity A. [did not, Q. Did you not imply, In a conversation with Mr, Williams, of 80 Broadway, on seeing @ pokey lying on his mantel-picce, that that was the instrument with which Mr, Nathan was murdered, A, I don’t remember. 4, Did you receive instructions from Mr, Benjamin Nathan as to the repairs tothe house? A. No; 1 2 | received them from Mr. Thomas, the architect, Q. Did you, when you saw this instrument lying behind .the stable door, take it up and look atit? A. [did not Q. Now, Mr. Willams, might not this be the in- strument? A. Itinight be, but I cannot say tt is the identical one; it might be a similar one, Q. When did you say you first saw the dog? A. I caunot say, butI might be able tu ascertain from my Workbook; the stable door opens on the taside, Q. Is it possible to revive your remembrance gufi- ciently 60 that you can state to us what were your impressions on seeing this dog? A, No, I cannot; I ouly Jooxed at it in passing by it; the coachman usually let me into the place; he was not by when I saw the lustrument first; I always clean up Mr Nathan’s cellar every year, Q. Now, are you certain that you saw a “dog” Whea you were at the house? A. Yes, sir. % Do you remember that when you saw this lying by Mr. Nathan you recognized 1. as being the oue you had seen? A. I donot. Q. Did you speak hehe Mrs. Kelly on the day of the murder? A. No; I think it was on the Monday; when I first saw the “dog” | thought that some ol the plumbers had left it by mistake, Rosert Newton's Evidence. Robert Newtou, sworn and examinod—I reside at 47 Kosciusko street, Brooklyn; work | for Mr. Webb; on the 8th July was fixing chimneys at Mr, Nathan’s house, on the roof; went to work that day at twenty minutes past eleven; was working there about eight days; the first day Mrs, Keily let me in and the next day her son, and after that I was let in through the coachhouse by the laborers; while I was at work there saw no one except MRS. KELLY AND HER SON and the workmen; never saw the dog in the house or In the stables; dogs something similar to that are usea in shipyards; lave heard Mr. Wiiliams say since the murder that he thought he had seen something like that before, but it occurred to him asif ina dream; I worked in building Mr. Nathan’s house, an’ again about four years ago; worked there very litue after that until this last tme; wes not working there last Soptember; was on the roof of the house when Richard King was there and came down with him; did not see lim lock the scuttle; I came down first and was so far auead that he might have done s0 bled over a stool ora | don’t know if it w: Y one had been in his way; the witness knew ked not want to wear them be didnot know whether Mrs, Kelly ewe ‘there when the house 3 Las on me 4 rt to be allowed to see the room and saw We talked a little about Mr. Nathan’s goodness 80 On, Washtagton Nathan Again on the Stand, Washington Nathan recalled:—When I reached the second story, as I turned round the stairs, I #aw the street door open; I was looking down the steps, two steps from the hall landing; I had two steps to go down; the coachman in our employment now is the same we hada year ago; he has been with us four or five years; I cannot say who recom- mended Mrs. Kelly to Frederick Nathan’s Evidence. What is your name? A. Frederick Nathan. . Where do you reside? A. No. 12 West Twenty- third street. . Q. On the night of July 28 where did you go? A. twenty-five minutes past six, in company with my Lite te ae ‘n Hier i ae ay! j magogue we wen! By wannts; T pelleve te ahead of my father; I remained there some time, leavin the house about twenty-five or twenty minutes of eight; { sald good evening to my father: my brother W mh was there; he left five or ten minutes fore I did; after leaving my aunt's I walked up tothe corner of ‘Twenty-first street and Fifth avenue, on the southwest corner, debating whether T should go into the olub or pay a visit; 1 made up my mind to go and see a friend who lived at the cor- ner of Twenty-first strees and Broadway—Mr. Cooper; he lives in that large boarding house just on the corner; there were two gentlemen sitting in the doorway, ond i knew them, though I think I had been introduced to only one of them; they told me Uhat Mr. Cooper had just left, and had gone to Brooklyn; my object in calling on Mr. Cooper was to go with him to Brooklyn; I then nankes into a Twenty-third street stage ant ie down to the Hamliton ferry; I croseed over by, the one-quarter or hali-past elght boat— the half-past it was, I remember; I walked uw three or four blocks, turning to my left; I think turned at Carroll street; after walking down several blocks I thought I had arrived at the place; it was the second t'me I had gone to that place; Taskeda boy if there was not a little park a little above, ana he said “Yes, a block above;”’ there isa church on the corner, and the second house I recognized a8 the one I was seeking; I went up the steps, yang the bell, and found the lady of the house and several friends in the parlor; her husband was out yachting with one of his friends; IT remained there till about ten o'clock; the gentlemay then camein with hig friend, saying that a storm was coming up and they preferred to be on shore; I re- mained until twenty-five minutes of eleven; {t was then raining very heavily, and they asked me to ie main all night; I sald my father was in town and I fo Ana to be home; the lady lent me an umbrella; wWaiked two squares down, turning to the right; there is a druggist’s near there, and I went in aud bad a glass of vichy as an excuse for shelter from the storm; I then took an open car with canvas curtains rigot down to the ferry; 1 took, I think, the eleven o'clock boat—the first boat that came to the dock; I crossed the ferry and got on the second stage for Fifth avenue; that was the Fulton ferry; several ladies in there finding the stage wet got out, and { had the stage all alone up to Fifth avenue; I went to Brown & King’s and got two poached eggs and a@ brandy smash; was tere about ten or flteen minutes; in pass ing the corner of Fifth avenue I noticed that the clock was just @ quarter past; 1 opened the door of our house with my nigh key, and as the key was not in the door knew my brother was still out; I found the-key in the drawer, ana I placed it inside the lock, knowing that I should find, as I went up stairs, if my father was in; my father’s door was open; he sald, “WHO Is THAT?” T said, “It is I, sir; ne said, ‘if you want any ice water there 18 some on the mantelptece;” 1 sald I had just-had a drink; there was no light in the room; it was perfectly dark; the door was open suf- ficiently for me to go in a little to the side and stand at the extreme end of the door and speak to my father; I then immediately went to my room on’ the third story; the gas was weak and 1 turned tt up full to allow my brother to see when he came up Stairs; I took off my shoes, and perhaps also my pants, before I closed my door; I put my shoes outside and closed the door and {mmediately went to bed, knowing was obliged to rise very early in the morning, and feeling very tired as Thad had little sleep that week. Q. Did you bear your brother come in? A. No, sir; 1 do not think I should if I had been awake, as he has often come in without my hearing him. Q Whattime was it when you woke up in the morning? A. It was ten minutes to six by m watch; I always put my watch on an hour eacl uight, as it wants regulating very badly; when I rose went to the window and looked out to see what kind ofa day it was going to be; it was very close; before dressing I generally close the blinds; { then opened tie door, having on my drawere, ant walked down the hail toa large room in the rear, occupied by my two aunts and wuere we have beet in the banit of having our clothes just after being returned from the wash; my brother's door ‘was open and I went from my aunts’ room to his; the hall door was shut; 1 ¢aw my brother lyin; in his bed, apparently asleep; i din not wake him; returned by the same way and went into my sister’s room, which was a room adjoining mv own, and on coming out I met my brother; he saia he was going down staics and would wake my father; I sald I id not think It was any use, as my father always woke up on such occasions without being called; he went down stairs and I went to my room, and the first thing I HEARD HIM YELL; whether he called my name or not I cannot say; without a moment's delay I went down stairs; my first Impression was that he had met some one in the hall; I saw him stand at my father’s door; [ rushed in there and knelt down on the right hand side of my father to see if he was entirely dead; whether I touched him or not I have no recollection; I may state also that on reaching the landing before the second story I saw the hall street door sufficiently open for @ man to walk in sideways; leaving my father’s side I went dowa to the hail and with my brother called out “HELP !? AND ‘G{URDER |? Q. Did you sec any policeman? A. I saw a police- man down the street; he stopped and seemed sur- prised; we beckoned to him and also to a man who ‘was washing the sidewalk at the hotel; before he reached the house there were several gentlemen froin the hotel, one of whom was a Mr. Burr, whom Ihave seen before; Iam sure Mr. Burr accompanied us to my FATHER’S ROOM. . How many went in all to your father’s room? A. [think there were three or four the first time; I believe aiso some remained in the hall. Q. You do not know who they were? A. No, sir; almost all were strangers to me. Q. Did you notice & Ught burning in your father’s room? A. No, sir; my attention was attracted to my father; I did no! think of anything except to see if my father was eulirely dead and whether he could speak one word. Q. Please state the Testa in which you found Teer father’s body? . My father was lying on iis back, I think, @ little inclined to the left; his head very nearly straight; his righ leg was extended across the door and his left was drawn up as if tight against the door that led from the library into the bedroom; his hands were a Jittle extended, his righthand being a little higher than his left; they were not tight; half open. Q. Did you notice the condition of the blood, whether it was coagulated or warm? A. 1 had m; socks on aud the moment J stepped in this blood felt a chill run through me. Q. Have you seen that “dog ?? A. I have not seen itor had it in my hana, °. Did you not see tt that morning? A. No, sir; I aid not see the oficer have it; Iheard of itat the door and that fe all; the second time I went down an officer halloaed out that the body was warm and to send for a doctor; | immediately ran upstairs again and stood at my father’s head and asked him if he could speak one word; then I went down again and walked all over the house; it is tmpossi- ble for nie tosay where I went; I went up into the garret and all over, but conld not find any ciue. 9 What did you discover in the brary? A. Idid not go in the library; I looked in there; I saw the safe drawer open aud & box of papers on the floor; I did not notice if the chair was upset or not. Q. Do you know if your father kept his money and valuables in that safe? A. He hept bonds and mort- gages there, and, farther, $200 or $300 in the summer time; I don’t think he Kept more there; there was no necessity for it. Q. How long had he been outof town? A. He went out the last part of June, somewhere about the 20th; he went out two weeks later than he was in the habit of doing, because he could not find any good place except at Morristown; he had no regular day to come into town except Mondays—Monday or Friday—sometimes both, according to what might call iim in. Q. Did you notice the doors? A. I noticed the bathroom door was closed, and 1 think tiie glass door leading to the other side of the room was closed all exce;t two inches; no other parties slept in the house that nizbt except Mrs. Kelly and her son, my brother Q. Did you hear your brother's testimony yeater- day? A. Yes, all of it; I listened to it attentively. Q. Did you hear those questions which were asked nim relative to the teelings tnat existed between his father and himself? A. I did, sir. Q. How was | and mysel!, to my knowledge, fat ail. THE RELATIONSHIP between your father and yourself in regard to business matters? A. When I wanted se | he gave it tome without a word, simpiy saying that I Toust not speculate too largely; I am a member of the Stock Exchange, dealing in stocks on my own account; the last financial aid I received was be- tween six and seven hundred dollars, Q. Was there any unpleasantness between your father and you at any time? A. We have had argue ments together in regard to the state of the market. Q, I refer to quarreis? A, I have never had @ quarrel with my father; we bave had words, but they never amounted to anything; the next day we were the same as before. Q. When you caine down stairs where did you first learn that your father had been murdered? A, 1do not Know whether my brother said anything; I a into my father’s room and saw the body ere, Q. What was yonr father’s habit about carryin; mouey on his person? A. The largest check that him; only saw there Mrs, Kelly nters; no one came my father to take care of the I got home in the neighnorhood of five o'clock; at NEW YORK HERALD, THURSDAY, AUGUST UL, 1870. - wo was for five | whether ho Rave ever known Bima to deaw np tows wae Dot Sis: Pony hundred dollars; when he acted bis business in th Poonkin tng. be ited all bis accounts 8 By aor generally paid the servants mother, ¢ 4 the District Attorney—Did you evér know any of the servants visit him to receive their pay? A. Yes, sir; a younggirl who has been with us eighteen or twenty years; my father kept her money for her, Did you ever see him take any money safe when any of the domestics were about? chambermald might have been in the room. 0. Now as to the coachman and .the males em- Ta that house, who pald them? A. My father, wy. irectly; not to my knowledge through my mother. Q. Do you know now he Wes aoqustomaned Dey his coachman—by checks or by money? A. I di not know much about the regulations of the house; I think he gene! ad thom by money; he was accustomed to keep two or three hundred dollars in that safe when he wasat home. Q. This young man Kelly that has been spoken of, when did you see him first that day? A, The second time on going up stairs, in the main hall, with the shoes in bis hand, ‘Then he had blacked the shoes! A. No, sir; he was going down to black them. Q. How long was that after you had heard tho alarm of murder? A, Ishould ik it was @ quar- ter of an hour, Q. During that time was Mrs. Kelly in the room where your father waslyingy A. I did not see her; she mimht have been there. Q. During this time who was in the room? A, Well, I was not in the room myself more than two minutes: I saw ‘no one there oe my brother; netiher of the Kellys had been in room at that lume to my Knowledge. Q. Did you gointo the picture genet A. Trashed ail over the tirst floor to see if there was any clue or person concealed in the room, ‘You did not go into the rooms at the back patt of the house on second floor? A, Not further than the stairs to my knowlejge. . Did hay make any exclamations at this time? A. I think I did. Q Doring. that time neither of the Kellys came to the room, did they? A. ‘The first time I saw Mrs, Kelly was, 1 think, the second time I came to the room after rushing around the house; the firsi timo 1 saw only wy brother and my father’s body; when {saw young Kelly I told him my father had been murdered; he stopped there, with the shoes in his hands without speakiug; he did not let the shoes fall, nor did he make any remark; I do not know where he went from there. Q. Where did you Bot A. I went into the dining room; I have no recoliection of the gaslight burning in my father’s room; I noticed the safe door open. Q. Did you examine your father’s shut and clothe ing? A. No, sir; 1 never touched his clothing; I did not look for {t. Q. Has Kelly done any business for you? A. Yes, sir; he has gone errands; he has taken my valise to the railroad depots and such like; I generally paid him fifty cents and sometuumes paid his car fares. Q. Do you know if he received any wages? A. I don’t.think he received any. Q. When your father was home’ did he ever attend him at all? A, Nothing more than blacking his shoes and doing errands; my father left bis shoes outside the door; that was the custom of the house. Q. What time did your father reach home that afternoon? A. I was home at five minutes past five and he was then at home in the library; I believe i hallioed down to Mrs. Kelly tt my father was home, and she said yes, she thought so; [ went up stairs and saw my father sitting at the table. 9. Did. you see Wiliam Kelly about the house before you left to goto youraunvs? A. I am not positive ; Ido not think I did. Q. Who remained in the house when you went to your aunt’s? A. No one except Mrs. Kelly and her son; the workmen had left at that time, » Did your father send word that he was golt to home that night? A, Whether he spoke of 11 while he was in town before and to!d Mrs. Kelly to make his bed I do not know, but in the morning there was something said to her; I was not home on Wednesday evening; I was in tie country; she knew from some of the family that my father was coming home, By a Juror—We did not leave all together to go to the synagogue; Wash lett first; he left about ten or fifteen minutes past six; we did not take any time to dinner; my father and I went together, leaving the two kel lys in the house, as we presumed, alone. . Q. How early was it known that your father would be at the house that night? A. May betwo or three days before; Mrs. Kelly might have been toldon Monday or even Saturday. (‘3 You were asked about your relations to your father. How was it with your brother Washington? A. He always seemed to get what he asked for; I ae any disagreement between him and er. Q. How recently had your father rebuxed mm before this murder? A, He generally rebuked us alone; I know that he had ofien spoken to Wash about his ways; that he was being out too late at nigit; this was some time before, when the balls took place at the Academ y of Music. Q. Did you know if your brotber was in pressing need of money? A. No, sir. Q. Did you know whether Washington was ec quainted with your father’s business? A. No, sir. Q. I think your brother said there was no allow- ance made by your father—when you wanted money you asked for it? A. We never had any allowance; if we required money he would generally give-us some, & Did you know anything about your father’s will, or your brother Wusiington, elther, to your knowledge? A. I did not, nor did he,to my know- ledge; do not know if my fathr had more than one Will or not; he had spoken tome about making me one of his executors; that might be six or eight months ago. Q. You were not present when the dog was found? A. No, sir; officer Mangam is mistaken on that point; ‘Thad never seen it before—in the house or coach house; J was very seldoin in the coach house, especially in the summer, When the horses were not there. ). Do you agree with your brother about your father’s near-sightedness? A. Yes, sir, but I think his eyesight of late was better than it was; he always had on his eyeglasses, Q. Did you notice where his glasses were when you went in that morning? A. I know I saw his glasses on the little table next the mattress; where they were generally put. Q. Did you ever Know of him getting up inthe night without them? A. I think he might have done such a thing, but he wonld be liable to tumble over a bench or something of that kind; Isaw the safe drawer on the bed; the only weapons I know of in the room were the hammer and the saw; I had a little pistol m my own room; I believe my brother had one, too; my father had canes, but they were locked up; he had a dagger also, but it is locked up. Q. Did you have anything to do with the exemina- tion of the house? How about the clothing? A, My clothing I took off and laid at the corner of the room, between the door and the hall; 1 left them there until two o'clock; they were taken to the wash and I gave orders that they should be put aside when they came back, as I did not wish to ever wear them again; our servant girl (not Mrs, Kelly) came home that morning and sent them to the wash; the ofMicerhad seen them, and I supposed he had done with them. Q. You did not see Willlam Kelly for some time after? A. The first time [saw him was in the main hall, with the shoes in his hand. Q. How much outcry was made by your brower and yourself? A. Considerable,.I think, and It con- tinued some time, chieflyin the main hall; from | there up to my father’s room. Q. Do you know of any one largely indebtea to your father, or any notes of a large amount comin, due about that time? .A. No, sir; I know some oi nis transactions, being in the same business; do not know any one that had tho slightest enmity azainst him, Q. Did you hear Kelly say whether he heard any noise or make. any explanation of the time of his getting up or anything of that kind? A. No, sir. By a Juror—Did you hear any one moving up stairs when you woke? A. No, sir. Q. When did you put on your socks? A. While my brother was going down stalrs, previous to nis outcry. Q. Do you know whether William Kelly was in the house that night at all? A. No, sir. Q. Did you find your brother's boots blacked ac- cording to custom? A. No, sir; 1 do not suppose the boots were brought up before seven. Q. Did you pick up your father’s pocketbook on that morning? A. No, sir; officer Mangam 1s mis- taken on that point. iy Did you ever have custody of the key of your father’s safe? A, No, sir; | have frequently seen it open; I have often got bills out for iny father; the lock of the safe is a common one; I shouid think any one could open It; 1t was a very easy opening safe; one jittle creak would open it; I did not hear any nolse during the night of the murder, Q. Do you knew whether. your father drew any money from the bank on Thursday? A. No, sir, I do not; he was down town about twelve o'clock; from there till two o’cl I was sitting in Mr. japsley’s office, and he took a hundred shares of the Germania Bank stock, and asked me if I would go up and put his name in; tl was wriitea Ben," and he wanted the ‘j’’ attached to it; my brother found the shares in the pocketbook; they are now in my elder brother Harmon’s possession. Q. Did your father carrwthe key of the safe loosely bt his pocket or in his pocketbook? A. I do uot OWs Q. What was Mrs. Kelly’s demeanor the first time on the day after tho murder? A. She stood at the bottom of the first landing stat's on the se:ond hail; she seemed perfectly taken aback; she did not sp. ac; I did not take much notice of her dress. Mr. Washington Nathan Again on the Stand. Mr. Washington Nathan recallec—I heard a nolse overhead a3 of somebody walking about when I Went down stalrs the first tume; young Kelly was occupying that room; that was immediately as I came out of my own room; there would be no dif. culty in hearing any outcries made on the floor of my father’s room if the attic room door was open. Q Was he apparently walking up and down the room; did you hear it long enough to say? A. He must have come out of the room he slept in, or [ should not have heard it as distinctly as 1 did; I heard no noise during the night. . How avout the pocketbook ? what did you find init? A. [found @ hundred shares of the German American Bank, in the name of Ben Nathan; there was also some currency, I don’t know how much, some clippings from newspapers, and several memoranda, Q. How large a pocketbook is this? A, It was a book to keep papers tn. Fred Nathan Reentied. g Were there any footsteps tobe heardin Mrs, Kelly’s room when you got up? A. Everything was perfectly quict. Q. Your father gald ncthing to you overnight tion of the case nti ! w le the first wit meant itness examined, TRAGEDY AYD COMEDY. aty in Quod. ‘Tho latest feature in the Nathan murder is the ar- rest by an impetuous officer of the Brooklyn police force of a well known New York lawyer, Thomas Dunphy, of No. 203 Broadway, on the charge of com- mitting the horrible crime. From Captain Kelso it ts ascertained that about five o'clock Tuesday evening, while visiting a friend in the City of Churches, some person, evidently a wag, pointed Mr. Dun- phy out tooMcer Murphy, of the Fourth precinct, as one Gilbert, a bad man, who committed the mur- der, Murphy saw visions of a golden reward, ar- rested Dunphy and took him before the Ohief of Police of Brooklyn. Mr. Dunphy declared his inno- cenc?, told his name, but Murphy still that he was @ Mr. Gilbert, who was seen ing about the Nathan mansion, What was done with him up to twelve o'clock (midnight) is not known to Kelso, but about that hour the oft cer conveyed his prisoner to Police Headquarters, in this city, and demanded the right to see Mr. He was directed to the house of the Su) and arrived there about one A. M. tendent wi im home, but srpy, remained with his prisoner in @ pouring rain at the door until four o'clock. He was persistent in alarming the inmates, and tore the bell out in his frantic efforts to awaken somebody. - Finally Pappy prevailed upon Murphy to take him tn out or the rain, and he was housed at Police Headquarters for the rest of the night, Yesterday morning Kelso found him as wet as @ mop rag, (tps by the officer, who told his story. Finding hat he had arrested the wrong party, Murphy at- tempted to shake him of, but Mr. Jourdan ordered the officer to convey him Lack to Brooklyo. What other tribulations Mr. Dunphy passed through isnot known to the New York ofilclals. It 1s supposed that some friend of Dunphy, profiting by the stu- pidity of Murphy, played a pratical joke upon him the matter. THE MAN ARRESTED IN NYACK. The Snowing. report was made to the Suporin- tendent yestei , and explains the rumored arrest of the murderer in Rockland county:— New York, August 10, 1870, Jon Jounvan, Superintendent— ate SiR—In_ compliance with instructions received from you I ‘sent oMfcer Mulligan to. New York, Rockland couaty, to Investigate the rumor that a man had been arrested thera for the murder of Benjamin Nathan, HENRY BURDEN, Captam, Per HENRY HuUTontNs, Sergeant, OMecer Mulligan left New York city at six A. M., August 9, and proceeded to New City, Rock- land county, where he found @ man named John Miller, who had been arrested for the supposed marder of Benjamin Nathan by Jacob C. Smith, the constable of Rockland county. When ofiicer Mulligan arrived at New City he had a conversation with John Miller, who was locked 2 in one of the cells of the jail, and he, the said Miler, stated to omicer Mulligan that he was a native of Baden, Germany, sixty-three years of age, & Mission- ary preacher; that he came from California four weeks ago and stopped at the Baden Hotel, in Greenwich street. On the night of the murder of Benjamin Nathan he was at Mr. Singeriine’s, about five miles from Fordham, He also says that he saw Mr. Nathan about seven years ago at the Astor House, and never saw him before or since, and never had any business with him and knows nothing of the murder except what he bas read in the papers, He also says he does not know any member of the family and that it was John Jacob Astor who pointed Mr. Nathan out to him. Mulll- ‘an is of opinion that the man 1s insane, He ts still Feta by the constable in the county jail to see if they can get any evidence against him on some crime that has been committed In that county. BROOKLYN CITY. Items of Infcrmation Collected About Town and Police Intelligence. Louis Lumbstead had his leg crushed yesterday by a bale of hemp falling on him while loading a cart in Furman street. John Care fell from the platform of a Greenwood car in Fulton street yesterday, and was badly in- jured about the head. Two watches and seventy-seven dollars’ worth of sera d were stolen last night from tie apartments of bert Robb, 74 Fulton street. A kerosene lamp exploded at the residence of Mrs. Dowell, 87 Hamilton avenue, on Tucsday night and fifty dollars’ worth of furniture was de- stroyea. A fire broke out at an early hour yesterday morn- ing in Harvey Pease’s saw inanufactory, corner of Tenth and Alnsiie streets, E. D., and caused damage to the amount of severai thousand doliara The cause of the fire is unknown. The loss is covered by jpsurance. Daniel Polhemus, who keeps a pawn office in Ful- ton street, was taken before Justice Walsh yesters day, on a charge of receiving stolen goods. Some property stolen by some boys was found in bis piace. The accused was required to give ball in the sum of $1,000 to await examination. Mr. James L. Kennedy, residing in Sands street, complained at the Police Headquarters yesterday that his son, Henry Kennedy, had been sent out West by the Children’s Aid_ Society in Poplar street, contrary to his wisbes. He had called upon the Superintendent, Mr. William Lawrence, and that genticman stated that he would telegraph and have the boy sent back. Mr. Thompson, residing in Eighteenth street, near Fifth avenue, returned home unexpected by his wife on Tuesday night, and was surprised to find the coat, cap and club of a policeman In one of the lower rooms of the house. Presuming that the owner of the above articics was not far olf, and that his wife might possibly be entertaining lum, he picked up the-things and took them to the Vorty- eighth precinct station house, requesting the captain to send an ofiicer around to his house and bring the owner out with wife. The number upon the cap showed that it belonged to patrolman William McKenzie, and when an oficer reached Thompson’s residence he found McKenzie there in his shirt sleeves consid- erably agitated at being discovered. He accompa- nied his brother oMicer to the station house, when the captain suspended hiin from goes reperied him to the Poilce Commissioners. McKenzie sent in his resignation, but the Commissioners refused to Beak it, and will arraigo bim for trial on Friday next. Red Haggerty, Bryan Rourke and James Ryan, under arrest since the 26th ult, for assaulting Jonn Klein and his wife and son, at the Jager beer satoon No. 63 Wythe avenue, E. D., also with agsaulting officer Burrill and rescuing a prisoner frdin him, had a final hearing before Justice Voorhies yester- day. It appeared from tho evidence that the pris- oners, with two others who escaped, entered Klein's and drank lager beer, for which they refused to pay, and because Klein ordered them to leave his premi- ses they kicked up a row and smashed things generaliy, In tie mélée, Kien and bis son were badly beaten. In endeavoring to suppress the disturbayice officer Burrill received rather rough treatment, the fi oner he secured, a young way from him by Haggerty ‘cer then took hold of Haggerty, when the latter resisted and assauited him witha hammer which bad been stolen but a short time pre- viously from @ neighboring tinsmith’s shop. The oMcer was finally assisted by ex-policeman Sang- ster, and by their united erforts the three rowdies first named were arre-ted. Their examina- tion was delayed for sixteen days by Justice Voorhies to give the police an opportanity to capture those of the gang who escaped, but as they bad not succeeded up to yesterday an examination was held, Mr. Ludwig Semler appearing for the complainants and cx- Judge Moore for the prisoners, The court room crowded, forenoon and afternoon, by the pout! of the Nineteenth ward, of which body tne pris: are conspicuous members. Aitera patient hearing Justice Voorhies found all the prisoners guilty of the assault on the Kleinfamily and fined them twenty dollars each, i default sixty days In the Peniten- uary. Rourke and Ryan were acquitted of the charge of Ci ofiicer Burrill, and Red Uag- gerty was convicted of that offence and ordered un- der boads of $590 to answer before the Grand Jury. FUNERAL OF THE eV. JOHN SHANAKAH, St. Peter’s church, Barclay street, was crowded to repletion yesterday morning, on the occasion of the funeral of the vencrabie Father Shanahan, A full synopsis of tre life and services of the deceased cleric was pubtisied ia the HERALD of Tuesday last, and after such a life as his had been anc such services a3 he had rendered, 1% ~was but natural to expect that his funeral would be largely attended, Such, indeed, was the cas Mow than one hundred priests and doctors of divinity were In attendance, and the funeral serv were chanted ina most bi ner, ming an imposing man- At the solemn requiem mass the acting pastor Peter's church officiated as celebrant; the james Quinn as deacon, the Rey. Mr. O'Farrell, 3 sub-deacon, and the Rey, Father McNan, of 1, aS Master of ceremonies. The latter gentle- 4 one of the deceased gentleman’s pro.égés, isibly affected during the servic S e3, honored remains were borage to St. Patrick's Cathe- dra) and there interred. EUROPE. War Despatches by Mail ta July 30. MoMahon’s Army and First Movement. The French and Prussian Troopt—Their Mo rale in Camp and Action in Battle. _ eae NAPOLEON'S FAREWELL 10 PARIS. Documents from King William, Bici marck, Olivier and Count Buest, i! RUSSIAN PARTIES ON THE WAR, English Opinion of the United States Mission in London. The Cunard mail steamship China and French) Transatlantic Mail Steamship Company’s steamship: St. Laurent arrived at this port yesterday mo bringing our European files dated to the 30th July, a day later, Gattgnant’s Messenger of July 29 reprints the fol& lowing, from the Paris Pays of that day:— During a visit of the King of the Belgians to he had a conversation with Prince Napoleon, and it the Kmg complained somewhat bitterly of the ro Jects attributed to France ONReTTEE Belgium, ‘The SEUSS ANEREDOS, “Belgium! But 1s not we wh want it; six months ago Bismarck offered it to thi eens Just as a lacquey-does refreshments on La France, of Paris, of July 29, has the follow’ thoes ‘ The Cabinet of Washington had requested, it sald, that the Hamburg line of steamers shor is wall tnue to ply withont interruption during the w: but the report goes that it received a te reef rep! from France, so that alt the vessels which might have brought from America either men or provi- sions find themselves stopped, Tae FRANCE. At MacMahon’s Henadquarters—Movement! Towards the North—The Point of First vance into Germany—First Plan of Cai paign—Camp Demoralization—The Zouave and Turcos—What they Are and Ho’ they Liveand Fight—Infantry of the Line! as Compared with the Prussians—Tho Firat‘ British Bohemian Canards. SrRassouRG, HEADQUARTERS OF THE ARMY OF} ‘ THE RHINE, July 26—Evening, Since despatching my letter this morning another{ division of this army corps,” composed of about, 8,100 men, has moved toward the north, and, as I! wrote you before, 1tseems more and more certaim that the French will cross into German ne somewhere to the east of Bitche, Or take a drawn from Strasbourg to Meta as the } of a fright-angled triangle and draw the other two sides of the triangle so that they) Will form a right angie towards London, somewhere! about Deux Ponts, and you will not be far off tiie! exact spot where MacMahon will strike nis first blow. A great deal, of course, 1s conjecture om my part, for even the generals commanding the four’ divisions are not informed exactly as to when ox where or how. But what I say, {s the opinion of thé most intelligent among the staff corps of the force qualified to acertain degree with what I see going: on and what I hear from the most authentic sources, DISCIPLINE. In ‘the French army the reins of- disciplind have evidently been tightened during the last few days, ‘There was for some time no small amount of drunkenness among the men, alx though excuses may justly be made for am immense army drawn together at a given spot like Strasbourg, and a vast number of the men heing im the town merely for a night or two, en ro to rejoin their own regiments, more less distant. The troops, whose officers were witht them, and who were therefore under more command,) were seldom seen the worse for drink. But the Zouaves and other corps that had arrived from Alx geria, as well asall the men belonging to the prod vince cf Alsace, in which Strasbourg is situated, went in for liquor to the very utmost limits of thels means. But with ail that there has been very littlg serious crime committed, ana I have not heard of single case of robbery or violence taking piace ev among the hardest of the drunkards, But for somd days the general discipline of the army was very slack indeed, 80 much so that for the first week om so that I was here it was impossible either to wall out, or even to look out of the window without holding some dozen drunken men within the sp; of half as many minutes, All this, however, ha: greatly changed for the better, The men are now, 80 to speak, ‘strapped up” and ready to move at minute’s notice; and to-day I have not noticed single soldier the worse for drink in the town. ‘THE ZOUAVES. In giving an account of the varlous corps whic! composed the French army, it is only natural to tak first up an arm of the service, of which a similar typ 4a not found in any other army: I mean the Zouavesy It 18 true that the name of these extraordinary) soldiers has been borrowed by other countries, bul the copy is nowhere, nor can it ever be, like unt the original, save only in dress, The French Zouaveg consist of threo regiments of four battalions eac! three battalions of each corps always taking th fleld im war time, avd one remaining at the depo! These corps are enlisted forthe spectal condi tod of serving in Algeria only, excepting a fourth ment called the Zouaves of the the Guard, which 18, of course, always in Paris, The three regiments are now all in tarsal Mat Mahon’s corps Warmée, and are each tw thousand strong, or six thousand altogether. Thd men, their disctpline and their behavior are as difs ferent from the rest of the French army ag ig ther dress, They are invartably recruited from among the greatest daredevils of other regimentes In the field their post is invariably where there 1 most danger, and ttiey expect to do the hardest wor! in the way of fighting, just a8 the artilleryman exw pects to work his guns, or the cavalry soldier to fet his horse, ‘Their ofMtcers hardly look after them at ‘ail when off duty, and they are left very much to do as they like. In the fleld they really do not seem tol know what the word danger means, or to Imaging that they cught by any chance ever to fear death, ‘They do everything for themselves, and tacitly ‘ard adinitted by Other regiments of the French army tol be superior to them, If wine is in their way. they, wiil get drunk, but they would scorn to touch thd" value of a siillling contided to their care. A man their corps who would steal could not remain a weel with them; for the honor of the corps they woul bully him’ out of “I. But they are one and all pilierers of what they come across; You. might entrust the Poona aat none. of them ever bave u shilliag—among with Thousands in untoid gold, and you would nevei lose the value of a penny; but if these same mem \ came near your kitcuen gardea or your otchard or, pT house, they would strip it of every vegeta~ ble or apple or chicken, and would not deem them- scives to be robbers. } Yor the past few days that the Zouaves were here in Strasbourg I am quite sure that a thousand men & day must have been drunk about the streets, Many of them had not beea out of Algeria for elx or eight - years, and of course had to celebrate their return, with gallons of wine or veer. Their camp 1s, or rather was, for the first days after their arrival the most wonderful thing to see. ‘They, have, like the rest of! the French troops, small, gypsy-like tents, eacthof which hold three men, aud each man carries, pac! e upon the top of his knapsack, one-third of one o! Uiese tents, The Zonaves always seem more kept together by a kind of voluntary association amon themseives than by anything in the shape of mill- tary discipline. Their officers never go near them except on parade, and thc men would resent to the utmost any interference with their own privatd arrangements, Lf a Zouave 18 on duty, or is cleal and sober, he is one of the mozt “workmanlike” soldiers you can sec anywhere, Of him it has been proved over and over again in Algiers that, as the Duke of Wellington said of his grmy in the.Penin+ sula, “he can go anywhereand do anything.” In Europe he would, uniess in time of war, be utterly’ useless, for his sucial rufianism would make his corps collectively a nuisance that no town would putup with, Butin war, and particularly in a cam- aign—I speak advisedly for I have seen him Oght ia taly and in Algeria—he ts simply Invaluable. } ‘there ts no such soldier to be found in any a Where other men starve the Zonave ig well fed ant in good health, Wivere others would fear to go, he would take to fights I don't say ¢ spectable citizen, no Algerta in whi is, tak oxy far from it, and if France had 0 heap thes gx or seven thou, cand incarnate deviis during peace time she would be obliged to disband them, But as they now ate and according to the, way in which France ral em, they are in tues of warlike the present he & =)