The New York Herald Newspaper, December 13, 1870, Page 8

— JERRY DUNN. The Trial of Jeremiah Dunn for the Murder of James Logan No, 2. Swearing Jurors—A Pane) Seoured—Tostimony for the Prosecution Closed—Opening of | the Defence—The Trial to be Re- sumed This Morning. On Wednesday last Jecemian Dunn was arraigned for the murder of James Legan, or Logan No, 2, be- fore Judge Cardozo im the Court of Oyer and Terminer. He pleaded not guilty, and counsel for the defence not being ten ready to proceed, the trial was set down for yesterday, Whe character of tue prisoner, with a review of his various expleiis, including the dark tragedy | which bas at leagih brought him to the bar of Justice on trial fer his lite, have been graphically set | Jorth in these coiymus, These have made the un- | | so doing saw his vestopen and a wound tn his lett street, an oyster saloon, on the Sth of Ja rit be. tween one and two v’clok iu the mornin ward @ shot fred and I came out on the stoop; while there 1 saw Jeremiah Dunn run past; I saw him stoop tote the gutter and put someth! ere, and then go offen a run; lL went over and found & pistol in the gutter; Lalterwards took jt to the station heuse and gave it to Lage goed Pickett; about five minutes elapsed between the report ef the pistol and the time when I saw Dunn ru way. ‘ istol was here shown to the witness, who said it looked like the one he had spoken of, OFFICEE CRITTENDEN'S TESVIMONY. OMeer Crittenden vesiified—At half-past one o’clock on the 5th of January I was al the corner of Houston and Greene streets; I heard a pistol shot and some one cry “Oh;” the crowd exclauned, “In the basement, in the basement!” Logan was after- Wards removed on a stretcher to the station house, corner Prince and Weester streets; 1 looked for Dunn in the saloon but could not find him, OFFICER SMITH’S TESTIMONY, Elisha M. Smith, a pelice officer, said on the night of the occurrence he saw the previous witness put his hand on Dunn and heard some one say, ‘Puat 1s hot the man; he then cerroberated the testimony of Critenden with respect te the transaction, He helped to carry Logan te the station house, and in breast, JOSEPH GREENOUGH'S TESTIMONY, Joseph Greenough, einpioyed in Bellevue Hospital, said he took the deceased's clothes off on his bemg brought to the hospital; Logan lived sixteen hours alter being brought in. fi DR. GHINE'S THSTLMONY—THE POST-MORTEM EXAMI- NATION. fortunate man netorieus aineng his fellow Gespera- does and long a marked man on police records, i} Yesierduy the case was culled on and the court , body ot James Legan on the ith of Janaary, and room Was crowded with eager and auxious spectar | tors of the proceedings which are to determine the tate of one who has been as @ criminal Saul—a | head and shoulders above his people, Long before | ¢ the tame for the opening of the court they converged | tm crowds at Lue entrance of the scene of uial. | « THE PRISONER, In due time “Jerry,” by walch sobriquet the prisoner is familiarly Known, was conducted to a acal near his counsel by to Tombs officers, fol | lowed io the doors by & mob who bud accompanied | their bere from the prison gates. | Jevry’s appearance bas bot changed smece his | arraignment ov Wednesday, His mien is confident, | cefant and don'tearish. He was attured in a dark, | well-fitting suit; bis balr and whiskers were neatly | trimmed, and he loeked as spruce and coniident as | could reasonably be expected of him under such eurcumistances, OPENING THE CASE POR THE PROSECUTION, District Attorney Garvin rose and said:—if the Court please, | am ready to proceed with this ease of | The People of the State of New ‘ork vs, Dann, | charged With the murder of James Logan No. 2 i COUNSELS REMARKS, Mr, Bartlett rose and said:—1 was called into this | case at a very late day, and one inducement to come Mio 1 Was ihe surance Of counse that he would attend to ie lion of the jurors, | as he is fumillar with ali the panels of Jurors in the | various courts. 1 Was retained to sum up the case, J Jast evening visited the prisoner in company with | associate counsel. He told me he would be here | punetually at balf-past ten. It is essentially some | rolling influence that has Kept him detaining | jury, tirige Cardozo—You have not heard from him this | morning Mr. Baru No, sir. have to walt here and 1 do not } ily, sbut 1 don © to keep i have any reason to doubt thai he will be here, Iwill adjoarn over for the day. Atthis juncture the absent eounsei entered the | court room—tt being then Seven minutes past eleven o'clock. jury way | Attorney Garvin—I am now ready to pro- rend with the trial. Mr. Vandervoort—Put the prisoner at the bar. | Dunn then resamed his seat by his counsel, and the SWRARING IN OF JURORS led was ise phed by the p J. Collins, who Was quickly souer’s counsel ax bemg pr de Alired B. Ogden, a lumber merchant, then took | the stand, aud was questioned by couusel for the prisoner as to whetuer he “had formed and ex- pressed apy opinion as to the guilt or innocence of the prisoner; and by the District Aterney as to whether he J any conscientious scruples of dnd- ing @ man guilty ina case Where the punishment was deatit.? Salisfactory answers having been given, Mr. Og- den was sworn aud iustalled as the first juror Home tine Was spent tp securig a proper jury, ing at last effected, NEY GARVIN OPENED THE CASE. Vin them rose and said:—If | the Court please, gentlemen of the jury—Iin all cases | of this description | teel, as you doubtless feel, a | respousibtitty which cannot ‘be described am ian guage, Whenever aman is put on triai for his le, ebarged with a crime which may consign him to the gallows, 1618 no idle ceremony for tue District Ate torney WhO proseeutes in such a case, ner for the Court who presides'in such a trial, or the jary who are lo pass upou the question of the life or death of the prisoner. Solem as the duty is, gentlemen, it is, neverthi duty which you and Fare bound to perform; aud in the performance ot unat duty two | things are’ “n into consideration by ail | courts and jurte: ali prosecuting olficers whic they canuot in any possipility get rid of With re- gard to the & », gentlemen, you are bound to lake the evuience em the part of the prosecution, and onthe pa't of the prisoner and consider it ‘ooroughiy and well; andut the Court shall charge, as J bave ho doubt it will, that the law 1s:—If aman by prenieditated design lakes te life of anothe that te is to be found guilty of that erime. In ord 1o make Out this crime | ain bound to show that tue ufe of a@ human being has been taken, but not} 1 must show that this .ife was taken Without any cause that would justify a man in so | Counsel then proceeded to reiate the facts +, and in conclusion said:—!f 1 make ont state of acts, then it 18 for the prisoner to | show why he did it, what cause ne had for doing it, and whether he did it in self-defence or what reason operated upon his mind ta performing that terrible ceed. 1 makes no difference, gentiemen, how high 4& man is in the community he is entitled to the pro- tection of the law; it matters not how low, how de- graded or how sunken & man is In his character and position in ive, be is entitied just as much to the protection of the law as the best ¢itizen in the com- | MUnILY. MINNIE WILSON ON THE STAND. e Wilson, & ¢ oinplexioned young damsel twenty summers, In & brignt violet dress, | auswWered promptly to ber name, and, being sworn, testified as follows:— Op the night of the 5th standing om the street, nea y last I was om street, wesk of Broadway; 1 saw there J this was | about hall-past one o'clock: re was | Ueinan with Logan; they were in conversation and | remaiied taiking ten or fifteen minutes alter i came | up; while | was standing there Dunn, the prisoner, | and bis iwo Iriends came ! a Went Up to Dual insult ime?” Dunn ask § Logan then said, * lick the wi tem,” and Dunn piled out his. pistol iin; Logan threw up his hone ? i take me a dovtor: ked towards Mercer stree nor? he s: aod Dano when the oftice dunn said tot me then walked towards Mercer street and | Dunn walked towards Greene; I took hold of Dunn | and said, “I have got the maa;” a trend of mine, Mr. Cook, sail, “Let go of him—he may shoot you J tet go of him and Dunn ran towards Greene stree' then went down inte tue basement to ger some- thing te eat; | had net been down tuere before that evening; the last I saw of Logan was when he went er street. «l by Mr. Bartlett—I told m; Logan had said in the basen! would “amash’? Dunn. CARRIE SMITHS TESTIMONY. Carrie Sinivi, a cross-eyed, dirty-looking girl, with | poek marks, testified im a Very hoarse vorce—I was Hob present When the shot was fired; Logan was with me in Harry's and Johnny's saloon, in Houston street, for sometning to eat between one aud two | in the merning; ai the table were three gentle | men and Jimmy (Logan) and myself; Dunn was one of the three; 1 don’t wish to Say What was said. was 80 low; Dunn called Jimmy all kinds of na and | gob up and left; a few niinutes afte Jun came up and joined me on the sidewalk; him standing where and 1 went away; 1 came on hearing the report ef the pistol, and saw Jimmy mthe bands of 4 policeman; I went to the station house cross-examined by Mr. Bartlett—I testified at the Coroner's inquest when the thing Was iresh ia my mupd. he Bartlett You did not then swear that Duna anyibing to Logan. tness—Yes, sir, 1 dt od with Mr. 1 g witbess sald—! e; L was tn th Tombs last as given before the Vorone WILLIAM Wiliam Hut, 4 your tified —I hetwee Was 1 wenty-two 2 had hud 2 three wen im whe House of Common, cane Up Logan wentup to them; W Logan sad he could lick any o: repited, you tum yon « o us 7? and, ta oul Bhot Log about three seconds Dunn's Fi the shot; Logan tnrew up fwtids and said he was abot, and i took hanrtkereh d wiped his face; oflicer wa et the corner of Greene | 1 not see or ten Louan and street fie became exnau: Logan after tat; 1 hac months. In cros#-exainination witness ¢ 22 Myrtle avenue, Br and paperhanger; Ln Enow Dr. Willtam Shine then teek the stand and test. fh made a post-mortem examination en the round a pistol-shot wound about an ineh and a halfon the left side of the breast; a pee of clovn was found } in the pericardium, evidently having been driven im by the shot; deah was cansed bythe 1. 8 of blood by tiemorrhage resulting from the wound; Logan / ied about eleven o’clock on the 6th of January. ‘The witness then descrived minatey the devious Course which the bail had taken in the body of deceased, THE PROSECUTION CLOSED, The District Attorney here said he rested his case | with the exception of Joan W. Cook, a withess who | had been summoned, but when called had not re- spouded to his name. A REORSS TAKEN. Arecess of fliteen minutes was here taken, the Judge remarking that with @ desire to keep the jurors together he would sit late and make as rapid progress us pessinle. OPENING FOR THE DEFENCE. Junior counsel then pene the case on tho part of the defence, arguing that the fixing of the pisiol by Dunn was prompted by the motive of seit-de- fence. Ceunset also retlected on vhe character of the witnesses for the prosecution and asserted tat no jury ougat to conviet upon such testimony. TESTIMONY FOR THE DEFENCE—HENRY W. PECKEAM ON THE STAND. Henry W. Peckham, sworn for the defence, testi- led—1 was coming out ef Wilson's coilee house, next door to Harry’s & Johnny's, in the neighl or- hood of one o'clock; 1 used to go down at that ume to get my cotfee; as 1 was coming up out of Witson’s THE EMIGRANT SWINDLERS. THE ODAY HOMICIDE. Trial of Philip Cooney for the Trial and Conviction at the Killing of David O’Day, Special Sessions, Interesting wipsegue! wr elena at Fanlt— | Judgo Dowling Gives Them a Lecture and a Summing Up of Counsel—Judge Bedford Sentence for a Full Term-—A Caution to Charge the Jury This Morning, to Emigrant Swindlers. ‘The trial of Philip Cooney, indicted for the murder | Although 4 great many of the frauds and abuses of David O'Day in McDermott’s lager beer saioon | Practised om the poor emigrant prior to the estab- ‘on the 24th of April last, which was commenced on | lishment of Castle Garden have beem done away Friday, was resumed yesterday in the General Ses- | with, there are still numberless ways in which the | stons before Judge Bedford. From the opening of | forlorn and bewildere@ stranger landing on theso | the trial to its prosent stage the friends of the de- | shores 1s Neeced without mercy, and which have | ceased and of the accused crowded the court ream, | Damiled the Ingenuity ef the Commissioners of Emi- and it was evident there was a great deal of feeling | sfatien to detect and put a stop to, One of these on beth sides. An intellgent lvoking little boy oc- | Modes, rather novel in its way, was reveaied & few cupied @ seat beside Cooney, | days since, the swindlers caught 1m the act by ofeer ‘The next witness callea for the delence was Pat- | Keneally and yesterday placed on trial at the Court rick Brooks, who, examined by Mr, Howe, testified | of Speclal Sessions before Justice Dowling, Tne that he was in MeDermoti’s saloon on the Sunday | case was that of John Peck and William A. Ballard, morning of the ocourrenge; while standing with the | clarged with swindling Alexander H, Elling out of party at the bar drinking be heard O'Day call | # SMall ameunt of moncy. Elling is an English- Cooney @ ligr and a son of a b—, and that he | 4, and landed here on the 6th of the current could Mck him; Cooney replted, “I know you area mouth. A few days subsequently he siarted with a bigger man than Jam, and I don’t want to dght;? | Rumber of others who were O'Day grabbed Cooney by the throat, and in the BOUND FOR THE WEST. other nand he held a glass; he either said, “Good ‘The court room was Uironged with persons who health” or “Here's to you'’—somerthing to that ef | Were all, one way or the other, mterested in the pro- fect; he drank the beer ond tired the glass at | cecdings, which were cen‘tucied by Assistant District Cooney; witness conid not tell whether it hit the | Attorney Algernon S. Sullivan for the prosecution, prisoner or not; O'Day was @ larger man than Kiling Was the first witness cailed, and deposed Cooney. as follows:—He landed here on the 6tn Inst. with Cross-examined—Witness stood three er four feet ONLY 4 FEW DOLLARS from the deceased and the prisover while at the bar; | 12 Ms pocket; he was going to St. Louis, and they fell both together after the citneh; could not | Waited his departure thence a few days tell which of them fell on top, for.as seon as they | at Castle Garden; when prepared to stars fell he (Brooks) went out, not liking te be in their | he and & number of other passengers company. were taken to the Hudson River Rallread depot, en 1 ; Hudson street, where they were jut into an emi- John Dront, who was one of the parties in the | grant car, and ina few moments after they were saloor, gave his version of the occurrence. O'Day | When SleDis0 # ane ATE ope Reeds was a@ man about five feet nine menes, and 190 | & Short distance, however, 1 el ere car. Peck ci rn and was pr pounds in weigat ; he was a large, muscular man ; | CHuered the car, Feat CR one eee ceded by Ballard; witness saw O'llay and Cooney at seven o'clock, at THEY CALLED FOR TICKETS; lark’s saloon, in the morning of Sunday before they | but when they cam to him (Witness) they de. went to Purcell?s er MeDermotv’s; while there manded two dollars; witness asked wiat it was fer, ODay called Cooney a liar and @ loafer, and that he and was informed it was fer having extra baguage; could lick him ; Cooney said he knew he ewed him ets he yielded and gave tac meney demanded; J saw the sidewalk blocked up with peoole; Lrecog- nized several men J Knewand I made a halt; I heard Logan gay to ‘Duna, ‘J can lick ail three; Lunn | | he at first refused to pay, but as eck threatened some money and would pay him as soon as he got | if he persisied in refusing that he would tear up his. it ; O'Day wanted to fight Coeney ; the prisoner re- t othersin the car were victumized in exactly ihe | same iasbion, Detectives Keneally ard Froude corroborated El- first employed | fee Norton spoke up and sald, “Look out, Jerry, he + Ikept a ciub house; »D sant, “You won't lick any of us; just at that time tight; O'Day renewed the dispute when they got to | Pureell’s ; he threw off his coatand vest and gave | his watch and chain te the bartender, saying that he | could lick any inan in the house except Martin Mac- sure Dunn shot Logan; 1 velieve Legan pulled a | kay: wpon gomg to Mebvermott’s ne commenced to istol from his pockei; tt might have been a kniie; , argue again, calling Cooney hard names and wanted it Was an iastrament of some kind; 1 kuew Logan by | to fgut hun; the prisoner said he did not want to eople having poluied him out to ime several Mess | nse ayyining to do With him andjwas not abie to Lam an engraver by tr | Gzht him; the witness sat at the table and fell haif asicep ; When he Woke up lie saw O'Day lying on got a pistol; “Logan ana I will Ux ene ol you suckers,” and be look something out of nis pocket Wiiteh {think was @ pistol, Wien Duan took out his pistol and shot him. Cross-examined by the District Attorney—I am Have you lived in Sing Sing. plledthat he was no nghter and did mot want to | | Ing’s statement, | Mr. Cornelius H. Vat Ness, one of the oficials of | the Hudson River line, testified that the tickers held by the emigrants were vo take them right through to | their several destinations, i WITHOUT ANY EXTRA CHARGE for baggage or aught else. ‘This ciosed the case ior the prosecution, Peck Was then placed on whe stand by fis counsel and testified on his own behalf, in a bungling kind of | way, that though he did coliece certain moneys as | sinled he thought he was entirely justaied, and had returned the sume to the agent of the line. Connselior Ballard made a very cogent argument | had had diMeuities with persons in New York | responding with tnose described by the pre | of b—s, I could get away with all turee of yo | with your fami | and they kept on walkin Dur prisoner objected aud asked the Court to rule upon the question. ‘The Court roied that iy tue witness by answering | the question Would disgrace himself or tend to cou- Vict himself oi erie he might deciine to answer. ‘Tae withess took acvantaye Of this railing and de. | clined to respond to several questions propounded by the District Attorney. Jn answer to other questtons the witness said he | Went oy the name of Wiisun fer two ye: hat be He declined to say Whether he bad beer ia prisoa for any offence committed in New York. REDERICK EDE'S TESTIMONY, i Frederick said he had besa acierk and | bookkeeper, tes hat he saw two men siauding outside of “iarry’s aud Jounny’s on the nighs of | the shooting; that he heard Logan say, “Here they | are, let us go and give it to them; he stopped and | SaW the prisouer (Dunn), Peter Norton and auother man come out of tae saloon; aman with Logan said, “Now give it to tue son of a b—h;”’ Logan wentup to Dunn and said, You insuited that is worth your. lile;” Logan puiled thing like a pistol from nis pocket. } ‘the witness then recited We circumstauces as de- | seribed by the previous witness, in Connection with | the further alvereatioa and the iatai shooung, TESTIMONY OF ORVAL A. HAM. Orval A. then testified to @ state of fact some. aim witnesses for the defence, something from bis pocket wi apistol, but be could Hot swear positively that it Was a pistol. To a direct q mm he annesitatinely answered, “I have not the jeast doubt im the world it was a pistol.’ THE STORY OF “JOnN: Jonn J. Guilard;, alias ‘Johnny stilied—I am the “Johnny” of ihe firm of the Cottes House, No. 25 Houston sireet, known as “Harry's & Jounuy’s;” I @id not sec wny “muss”? between Logan and Dunn in loon, the gir went out first, Logan following; | senuy Logan caine buck, got a cigar and looked | ace again before going ont; Dunn upd his Iriengs ate Uiei suppers peacefully and went out J aiverwards heawd tie report of a pistol on | the street. “HARRY’S" VERSION OF THE STORY. i Willlam Henry Thomas, the “Harry” of the frm, said Logan and his girl came into the saloon firs Duvo and bis iriends afterwards came, when Logau went over to then and began taking with them; ! the girl got up and went out and Logan followed her; some time atrerwards Dann and nis friends went out also, when Logan, prejecting histelt hand, With the other on his ip, sad to them, “Yon s— He saw Logan d ich he belleved Was | Dann then shot, when Logan cried “un! Ol! Oh 1 | . nation, Which was very brief, | nt Was elicited, ADJOURNMENT—THE JURY AT THE ASTOR Tous: At the conclusion of the testimony of this with it bemg then five o'clock, Judge Cardozo, addressing the jury, said:—I have already stated that it 1s my desire to keep you together, gentlemen of the jury, and accordingly arrangements have been made at the Astor House for your accommodation, Jt is with this view that 1 hi sat late, and by this means I hope to vring the o: ly term nation. Jf any ot you wish muanicate you can do sv through ihe opicers of thé court. ‘The court then adjoured till nalf-past ten tis morning. “GOING FOR A BAKERS Sid Somebody’s Cake AU Dongh—Th aro Sond of Pastry. Detectives igan and Evans were taking a } Walk on Saturday night, at a late how, on Sixta | avenue. ery one acquainied with the upper part of the town is probably aware of the attractious of | Sixth avenue alter twelve o'clock at night. They are | es Thet srous that it wonld not do to specify | a all in the Heratp. The fineness of tne ght caused John ulkin, alias “\iuiligan,’? | alias “Breen;? Jon Irving, James Kearns, alias | “Jerse is at present unknown to fame, to take a walk also, mtil they walked thr the rear window of a baker’s shop at No, 551 Sixth avenue. Every boy in the Sixteenth and Ninth wards who has been raised within the sound of the Jefferson Market fire bellis well aware, from early | recollection, of the viriues and fragrance of i THE “WASHINGTON PIE,” which was always to be obiained at 651 Sixth ave- nue, of Richard Runges and his predecessor, George } Beyer, the fat man, with the blonde goatce, big ab- | domen and reddish skin. r The five young meu could not resist the opperiu- nity eitered them te take a Whack at ine “Washing- ion pie oyhood, and, without: war- rant, they walked Uirough the window of Mr. Rupges’ store, and wentfor the till with tremendous: and swift enthusiasm. “Where's the Washington pie!" sald one. “Yes, where's the Washington pie?’ repeated another. “Never mind the Washington pie, it’s only Ot tor Sing Sing birds, SMERE'S CATS IN 11,'? sat another, “Here's a roll of pennies: s, five or six roils of pennies; let's take thom, Jev’s clean the tll out,” added another of tie five. id here’s a big snow-covered cake that man thinks he'll seli at New Year's, Let's skin bun out of that,” said another of the crowd. Finally they succeeded in getting a cake worth five dollars and several roils of pennies, amounting avs in vaine, and were b ingiond oi in good spirits with their plunder, when Op stepped detec- tives Mulligan and Evans, who sala to them:— “Lets see what you've | got there, young lellows,” and the yung fellows could not deny such AN URGENT CALL. One got away, but ail the rest p fore Justice Shandley yesterday. Police Court, and they were committed for No doubt iney will find 2 place for where they may cultivate ataste for “Was ple* and New Year’s cakes, to say nothing of rolls o! pennies. aded guiity be- Jenerson Market Vial The following army omic have been honorably discharged their own vequest:—Captam Walter Nineteenth ntry; First Lieutenant nth infan- hand; J object to lel! what broagut ime in Mow ‘i ock in the morning, ALEXANDER DRISCO'S TESTIMONY. Alexauder Driseo vestilied—i wae iu 140 Greene First | hot want to shake Lands with hun, saying, “You are py girl; | | O'Day was ohn Benson and another gentleman, whe | \ the floor; he appeared to be dead. John Kelly, who wa of the Killin when O'Day caug! 2 glass In ws Hand the on benalf of his chent, and moved fer his discharge | ou the greuad that lie had simply acted from INSTRUCTIONS FROM PECK, | and was not aware that he was doing anything wrong. The motion was denied. Counsel for Peck mace a similar motion, With # like resmit. on the morning milar testimony, stating that necy hy the Utroat and had risoner was trying to get a neyand | My, Sullivan, for the people, then made a few ap- a propriate remarss, dwelling upon the in 210 which Irauds Of the description Uiey had just inves- Ugated and made so clear and palpable reached und ihe necessity of meting Out EXEMPLARY PUNIS ~she witness knew Cooney seven | to the perpetrators tnercof. ve yea (net been up duriag | Justice Dowling, who spoke with evident feeling, the myht with the }) When at MeDermott’s | then sald:—“Jehn Peck and Wilham H. Ballard, L O'Day caved Cooney erg he did | now tind you guilty of Wis crime and will procecd to sentence you.” The prisoner Peck here interrupted and satd:— E PRISONER'S STATEMENT. “Your Henor, 1 have a wife and family, and do not d that he met David O'Day | be hard on me. 1 have occupied several responsible sunday morning on the ; positions on the police and in the Fire Department, is, and while at the | and have always been thought trustworthy. uy v Ka i to see iim lying there, and no good to me,” about seven o% corner of King WERTOD ed itm @ loafer and | character lieretolere has been without repr . wules aud wanied to Nght him, saying that he t your Honor will seud me to the Island my ‘uture would lick him; (he ateused replied that he did pot prospects will be blasted, as my character will be ed, I ask yow' lonor io take these lacts to onsideraiion.” ‘The Judge resumed:--You were honored with an appointment as a policeman on the railroad by the ‘xecutive of this State. You were appointed by the y company to protect the emigrants, and instead of ed to get away from O'Day, but, | protecting them you associated yourself wit a per- a vely uch stronger man, threw him | son unknown to the company, unauthorized by any the Ume choking lim; he tried to | authority of jaw, to go through that car and be- Ii the attention of the parties in the | come your collector in making those demands upon suid Rot; the prisoner, believing that | the poor emigrants. You have stated that you made ing Lin, drew a pocset Kave out of | it under the pretence that they occupied a a gave b : knew O'Day | seat with their baggage. ‘The rebutting Lesti- want to ight him; Charles O'Connor asked him and | OVay to shake hands and make up; he (Cooney) reached out bis hand, DU O'Day vefased to do $05 O'Day then seized nim by the ilar of the coat and ound tn te act of choking and threw sn did not iit him, he having on Fpeak, to ¢ satoon, but his pocker 4 y dangerous chisacter; Nad seen nity | mony proves diiterentiy—that ail the seats 15 »thathe had | were occupied by the passengers; so that h d the stad be- | disproves the theory of the derence that charge i a4 in danger, but he did not | wasiegal. It made no difference, howe af that any delivered nimseif up to the | Jaie Superinrendent Jourdan, and was afterwaras | honoraby discharged by the coroner's jury; when | he learned that subsequently the Grand Jury had indicted Mm for murder ke gave kimseif up vo Supertatendcat Jourdan. { Cross-ex:uUi lived at No, 237 West Thir- | feeuth street, and 1 do not think that Captain | McDonnell Knew where I lived; O'Day had been drinking that sunday; the knife fused is} Ido not remember having seen it after the aifair; when T wason the floor under O'Day I drew the kulfe out baggage had been on the seat: it did net ceme | within the amount allowed by the company to be carried by the ticket holder, If there is @ class of persous Who are entitled to protection it is the emi- grants.’ They come here friendless, homeless, and someiimes penniless, We find them trudging around until the Commissioners ef Emigration adopied rnies and regulations ior their protecilen. [ have seen them going from one siation house to another with their little children, but all that has been done away with, J thiuk if there is @ man on earth ‘that is to be despised it is he whe premeditates a crime like this upon these poer people. ‘There is nothing to mitigate dis pouisnment, ithink that in the place which I | am going to send you if your crime is known I do not believe that there wiil be one there base enough to speak to you or sanction it. There was @ thief on the Five Points fifteen years ago whe managed to steal only such an amount at a time as to send mm to the Penitentiary. He disliked to go to the State Prison, Once, however, he stole a saddle of mutton, and was sent to the State Prison, and there was not a man mean enough to speak to him, and 1 hope such will be the case with you. I hope you will meet with a very cvol reception, I think itis the basest since then for atime on the new Cour act you can be guilty of. Peck, { will send you to it ed that he saw O'Day at one | the Penitentiary for six months and fine you fifty morning at a porter house in | dollars, and you must stand commitied unui the Whiteat Purcell’s ne was Intoxteated; | fine is paid. Ballard, J will send you ter three he (Doyle) had Known the deceased by sight two or | months to the same institution, turee years, and Cyoney six or seven years. anus Wultam Lambert, the doorman of the station house, said hesiw the body of the deceasea when V,wos brought in, aut that there were no teettt knocked out or in. Mr. Howe rest Captain McDonnell was recalied by Mr. Howe. He said that O'Day had a bad reputation. In answer Mr, Fellows he said that O'Day, when sober, wa peaceable, bat very ugly and bratish when drunk; if he was going to arrest him he would be very cares ful in dolug 80. ONlcers Broderick, Riley, Van Gretchen and Ferris sata that ODay’s reputation was that of a disorderly and figuting person, and that Cooney had the rep u- tation of peluy a peace: Philip Cooney (ihe er) Was recalled by Mr. Fellows and stated that he had not worked at his trade ot boiler making siuce 1866, but h 80LD AGAIN. Sharp Practice by Corporations on the Peo REED! 2 f ple of Newnrke=VThat Cheap Gas They Were Fromised, bur Didwe Get—Putting a New end on the Citizens? Gaslight Com- pany-Virtual Musion of the New with the aun ee @d Company. sot euueh Jet | Some time durmg last summer several articles | appeared m the Hs in relation to the gas com- | panies of Newark, in which an alleged monstrous | fraud on the people was thoronghiy ventilated dames Green a lower tecth were kuecks Painiok Colligan, Jain Wallace, Martin Waters, doun'P. W Grogan festitied that ile ; ag urrested once 1 hat 'th | and other matters afiecting the interests of was recalied to show that the de- te rages > aed fot Ju the habit o! see Gedy | the people and counceted therewith satisfac % | torily exposed. It was stated then how that a | few years previously, in consequence of the grasp- ing, high-hande@ aad arbitrary course pursued | towards the public by the Newark Gaslight Com pany, a charter was granted by the Legislature of | the State of New Jersey to a new company, purport- ing te be composed of persons almost wholly work- ing in 1 not permit counsel to prove specitic acts. all the testimony Was in Mr, Howe proceeded ke » brief but powerful argument In behalf of the prisoner, claming that he did the act. in self- defence, an did bo ask a bie omise verdict, bul demanded upon the proof an honorable aeqniteal. : Colonel Felows followed for people ma cogent | The charler was granted aiter the most strenuons and eloyuent speech, meintaining Unat the evi- | eforis on the part of legislators notoriously pledged dence showed that the killing of O'Day was unjusti- | to the eld company, and chiefly because the most fiable. solemn promises were made that the peepie TRE INTEREST OF THE PEOPLE. dndge Bedford intimated to the jnry thatas the | would be furnished with gas at the very hour was so jate he would net chu: them til tis | Jowest possible rates—immensely lower than (Cnesday) morning. i ine scale of prices charged by the old ee company. The new company gdopied the popular title of “The Citizens’ Gashght Company.'? Exactly how much right it has to that tit li pre- senlly appear. ‘The occasion of the articles in the HERALD Jasb summer may be briefy stated. The ten years’ contract for supplying the city with gas | held by the old pene! ob having nearly expired, tho BROOK.YN MUNIC.PAL APEAIRS, Meciing of the Board of Aidermen--Over. riding the Vetoes, The Board of Aldermen met yesterday afternoon and adopiext the following reso.ations over the veto of the Mayor:— matter came up inthe Commoa Council in the form of aresolution to renew the contract for anether ten years to the same company. Tne Citizens’ (!) people had been ne Of indeting such apuree lly sufmitted, 2 if ag may be priations., CHARLES MIE against the new company, their pipes were r «l, Dutgtney agreed bo ile bonds, To the culy binding themselves to furnish gas ab the yequired ume. AL the time the ulmost sympathy wes Jelt by the people for the new company, und & i responding sense of disgust experienced tor the uge | genilernen Who have been styled by the autnor-phy- reservon’ | sivlan, Dr. argued strong); adopt The ¢ “4 py the Dr OF tie These resolations were tee in Jury last. MANIC PILATES. anspired which there bas been cor Recent € The following } induces a pi h heat, coro and | siderable practice of | description playet | barrels of four we tthe hester weighlock | on the peapie by the very pet a they con- | Sor the weaven of navigation ending December & | sidered aid stood up for as thetr best friends, to 1870:— i Ww the gentlemen comprising the Ciazens’ Gas- ht Gompany. Instead of laying pipes ail through ’ mast have calculated without ¢ axed! nies be tinmediately taken : ereot; U the old. company tri- pre ° st of water fo hf too, or a part thereot; bat yi pany [Peeters ton ie w aneamepaneevate Ta Tichcceeh pe aeiiee | umiphied My arguments io whieh Clty Fathers in gen.- she capacity of 1,000, eral are proverbially susceptible to. action of | Resolved, Yhat to (his Common Coun- | the so-called representatives of the people in the ei} by The Wat rs wey Pic constracs ion of such | Council Was very severely criticised at the time and a reservoir ig hereby approved and adopted i Resolved, That a sam uot exorading $1,400,000 an hereby | openly Fat petal oe | appropriated Cor the payment of the joan required for aveh | bins Q - | Pedervoie and the complete consiruction thereof. | of the grossest cl ; 4s, the, cit is city jor the saidamoant | Zens’ (!) Company had orfe ish the gas for | be issued 1 ner anthorized by jaw, from time vo time | at least twenty-five ‘ in the price | * r the agrecti to be paid to the old company. ‘True, as was NEW YORK HERALD, TUKSDAY, DECEMBER 13, 1870—TRIPLE SBEET, the other half, Tue arrangement, is virtually ® CO» alescing of the two companies into one ° MONSTROUS MONOPOLY. ‘The price of gas varies little or nothing, and wit soon be identically the same, itis believed. Last week a deed of trust of the property and works of the Citizens’ Gashght Company was given to Oscar L, Baldwin, one of the trustees, for a loan of $160,000 from the 186 of mber, 1870, until Decamber 1, 1885, What for isnot stated on the County Register’s books, where the statement 18 rece) ; but ite certain City Father, one of Frank Dawes’ intimate coll is te be believed, it wax for the purpose of paying the old company for—*You know bow tt 48 yourself,” Ih conclusion, there is to be recorded a somewhat inexplicable movement on the pari of the directors ofthe so-called Vitizens’ Gaslight Company being RO more nor less than @& CHANGE IN THB PRESIDENCY, For reasons which nay as well not be discussed now, it was agreoa at a meeting of the aforesaid directors held recently, that the present head of the concern, Mr. Andrew A, Smalley, sieuld be permit- ted to retire, and that ex-Uniled States Senator James W. Wall, of Elizabeth, be appolnted in his | stead. The chanye has not yet gone into effect, but \ al 0" exact vi or wherefore has not transpired, Pages SXACHY, WY MUNICIPAL AFFAIRS. Meeting of the Board of Aldermen—A Quorum That Got Wet and That is Bound to Huve a Say on Some thiugs—A “show” in the Permit Business, The Board of Aldermen held # special meeting yesterday forenoon, at eleven o’ciock. The Presi- dent, Alderman Coman, was in the chair, and there was present at the semicircle of desks a suficient number of the virtuous representatives of the people to make a quorum. ‘This fact was evidently gratify- ing to a certain few of the Aldermen whe had beew at the bottom ef the “movement” gotten up late on, Saturday night which was destined to culminate in a special meeting of the Board | at the unscemly hour at which it was held, The lebby was not ag well patronized as it generally 1s on fine days, but it is reasonable to suppose that it | would not have been very well patrouized yesterday even if the sun had shone brightly, for but few per- | sons outside that charmed circle in the City Hall commonly called the “kuewing ones’ were at all aware (hat THE REVEREND FATHERS of the Board intended to meet vefore dinner time. Why this was thusly is more than any one of the Aldermen was willing to explain, but suffice it to say that if they intended to sieal @ march on somebody by the “movement” they utterly failed. ‘he quorum present was a damper on everything that could have been lively, a8 every one 01 them looked as though ne wad been dipped into a hogsiead of water head frst, Achiiles fashion, and had not been allowed time after the ducking to get his coat collar straightened out or his shirt bosom dried suficiently to show off his “shiners.” Even the entle Cuddy, whose hair as a general thing always parted and combed and sincothed down as though he expeeted to have an audience with some princess in disguise every «lay of his life, appeared ratier out of gear. OF course he losked goo’ humored, as usual; but the rain had so pelted iis hairdresser’s work oul shape that even Irving scarcely recogaised him, ‘fom Coman, however, thanks to his big overcoat, emerged from @ room near the Aldermen’s as spruce as A FRESH PINRAPYLE; but the overcoat had to be hung up near the stove ail the afierneon for the service it had rendered, and Thomas had to wait its steaming pleasure. In fact the ram had played sad havoe with all or honorable Board, and if they intended on } Saturday to come to the meotng on the “on, be joyful” principie they msuitation with the clerk of the weather, There & goodly pie of | “unfinished busmess” on hand when everybody pre- | sent hud answered tO his name, and (the session might have been a long one bad the quorum folks | been 1n good spirits. Bul they were nov; so they cut | their special story short by taking ap and passing certain resolutious that had been luid over concern- ing the paving of certain strects with Belgian and Wvoden pavements. ‘hey would have adjourned then and there butfer a resolution of a uifferent | sort, which reierred to THE PERMIT BUSINESS, and by which it was ordered that hereafter ail per- mits for sigus, awaings, &¢., should be signed by an Alderman and an Assistant Alderman, instead of by an Assistant Alderman alone, as heretofore, To meet the requirements of this new idea, the reseiution was made to divide the city by canvass districts for permits, each disirict tobe “lovked after’ by one of the aldermen, “Why, sa-ay, what you dom’ this fur’ inquired one of the few loungers in the lobpy, as one of the | Alderman put on hisdamp overcoat and lit his cigar alter scratching a match a half dozen times on ine mahoguny desk in front of him, greatly te the detri- ment of the article. “Why, Cos it’s got to be did, Joe.” “Did | yes, 1 know; but what's the nse"? “Well, you ‘aint agoin’ to hev enny truble | ot your awnings, is you?” ‘This with a Knowing pho “Not ef I knows myself.’? “Then what you talkin ’boutf I'll tell you now, it is.” Here the Alderman buttoned his coat and’ | puiled vigorously at his cigar as he looked, in a | condescending way, upon is interlocutor, wlio, by | une Way, Was a smaliware wan in the Bowery. | { | “Dye see, We've beengsomewhat in the background 1n this "ere permit business. Them fellers in the Board of Assistant Aldermen hes hed it all their own | way solar. ‘Lhe permits hes gone out, and we've | hed nothin’ to do with ‘em, All that was necessary Was to hév ’em signed by «# Ass.stant Alderman. We were overiooked. Now, “WAS THAT ON THE SQUARE?” The smaliware man shook his head solemnly and uttered a guttural negative, “Well,” continued the Oity Father, pulling his hat over his eyes, preparatory to facing the storm, | “We've fixed all that by this ‘ere resolution. ‘them | permits has got to ve signed by us as weil. We're bound to have a show in the thing anyhow.” With this the manufacturer of city ordinances | plunged into the rain and reached a Third avenue car in safety, without having had the trouble to get apermittodoso. ‘The sinuliware man gazed after | him wonderingly, as if he were trying to make out | what there couid be inthe permit business 1a which the Aldermen were so ANXIOUS TO GET A SHOW; and as he walked leisurely ac the storm, he chuckled to inset glad that he, at least, had you bh despite s though he felt permits already. | sustenance to preserve health. | Franet | forcibly detained on board, however, j couple of aays the ship put out to sea. | the second mate, ti | this occasion, the instrament of punishment being a ow SEA MONSTERS. Charge of Cruelty Against Captain Grindle, of the American Ship Old Colony. How They Fare Who Go Down to the Sea In Ships and Do Their Business on the Great Waters—Captain Grindle and His Mates—‘heir Cruelties on Ship. board—A Thrice Told Tale, ‘The case of Raymon Raus va. Josiah 8. Grindle was yesterday under examination before Commis- sioner Shieids, The defendant 13 captain ef the American steamship Old Colony, and is charged with inflicting excessive cruelty upen two of his crew, Raymon Raus and Thomas Franco, Cabans, who were put on board the Old Colony at Valencia, Spain, and compelled to serve on board ou the voyage from Valencia to Cadiz and from the latter pori to New York. ‘The tirst, second and third mates of the Old Colony are also charged with ald- ing and abetting in carrving out the orders of the captain m the infliction of the cruelties charged. A TRUMPED UP CHARGE AGAINST THE CUBANS, It will be remembered that on the arrival of the ship Old Colony in vais port the captain had Raus and Franco arrested on a charge of attempted mu- tiny, and also an attempt to fire the ship. The off- cers o4 arresting the accused were surprised at find- ing Vhem in great suffering from apparent cruel treatment, in personal punishment toflicted om them during the voyage, in emaciation from long confinement and the want of suMicient The untortanate men were, however, lodged im Ludlew street jail, and the charges preferred agdinst them were on the docket of United States Commissioner Osborn’s court; but in consequence of the state of aebiuty and prostration to which the men had been reduced it was found necessary to postpone the examination on the charges preferred against them for several days, they baving been removed to the prison hospi- tal for treatment. GRINDLE’S CHARGE DISMI DEXO| D AND HIS CONDUCT De The examination was at length held one day Inst week, the result being a complete vindication of the two men of the charge trumped up against thent and the arrest of Grindle and his co-tormenters on a charge of cruel and inlruman treatment of their victims, who are the principal complainanta in the charges agatust the captaim under examina- tion yesterday. In dismissipg the original com- plaint against Raus and Franco Commissioner Osborn, in hi8 usual humane, manly and mdepend- ent spirit, stared that Captain Grindle’s charges, which he had songht to substantiate by the insiru- ments of his cruelty, were utterly disproved by the testimony of the accusers themselves; that the evi- dence had disclosed a system of cruelty and wrong on the part of captains aud mates of vessels which, he must gay, had not unfrequently come before him during lus experience as a commissioner, bt which had very seldom, indeed, been exceeded by the bar- barity disclosed by the facts that nad come to light in this case. He was glad to learn that Captain Grindle and his ollicers, having failed in their attempted legal persecution of the two unfortunate men before him, weuld be themselves SB. bjected to @ prosecution in a court similar to that where he presided, and where the justice they had unjustly evoked would be in thes owa persons thoroughly and righteously administered. ARRES! OF GRiNDLE AND HIS OFFICERS. No sooner had the case against Raus and Franco been thus summarily and emphatically dismissed than the same oMcers, who thereupon had released the lately accused In their professionally quiet man- ner When acting 1n the presence of the higher otii- cials, stepped up to Messrs. Grindie & Mutes, took them into custody and conveyed them before Gom- missioner Sluelds, in another part of the bntidiny, und before whom the exauiination was yesterday held. THE HISTORY OF THE CASE. ‘The Old Colony sailed from Valencia to this port in the month of October last, stopping at Cadiz for a few days, Previous to sailing two seaimen—the complainants in the case, Raymon Raus and Thomaa —were pul ongboard, as 1C appears, under a deception practised upou them by the shipping agent at Barcelona, supposing it to be a Spanivh vessel. When they first came on board they were required to sign articles, whici they reiused, as the papers were notin the Spanish language, and also for the reason that it was not a Spanish vessel. They were and in a On the second day out from Valencia the course of ill- treatment, the subject of complaint, was initiated, | ana which, as the nen testitted, was continued almost daily {rom that time to the arrival of the vessoi in this port, On the second day out the second inate, by order of the captain, and the captain bhimseit being present at the time, commenced Leatiag him (Raus) with @ capstan bar on the shoulder, back and , The reason of the beating was that Raus did not understand the English language. A day or two afterward this beaillig process was renewed by aptala being ulse present om thick rope, While at Cadiz, where the vessel stopped for some few days, Raus begged.to be put asvore; but the captain refused, and kept Raus and Franco close prisoners, they being locked up every night in the forecastie, While at Cadz Rans testi- fied that he was ceanany beaten by the secend mate, at which beatings the captaim’ was always present. Gu the second beating occasion a shovel Was used, Soon alier leaving Cadiz tle beating was renewed. On one occasion an empty beef barret was tied to his back, his hands and arms being pigioned behind him, and in tis way he was kept Tour hours on deck, compelled to walk backwar. 8 and forwards ail the time. After being releasea from the punishment A LARGE DOG that was kept on board was set upon him by the lirst mate, which attacked and seized him bey the wrist and leg and severely bit him, leaving ugiy Bonrd of Assistant Aldermen. ‘ ‘rhe Board met yesterday afternoon and adopted resolutions to lay down the Belgian pavement in the following sirects:—First street, {rom Bowery to Nor- Jolk; Thirty-second street, from Sixth avenue to North river; Secona avenue Sixty-firat street; Bank street, J nue to West street, and Manhattan street, from ave- nue Si. Nicholas to Hudson river. MUNICIPAL al BNICIES. The Colambus, Obio, City Council on a Tour of pection—They Visit the Public Lustitu- tions of Now York, the Park and the Hes- pit.teA od Precedent tov Other Public Lu vestigators. ‘The twenty-five members of the Common Council and city gevern ent of Columbus, Ono, who had been sojouring im the city for several days, left yes- terday afternoon for Philadc|phia, The object of their visit was to examine the charitable in- stitutions of New York in order to get as much mformation as they could gather, prepara- tory to their building an intirmary in Columbus, for which the appropriations have already been arrangements and the interior ornaments of the new Court House, for the purpose of applying the latest improvements to their own City Hall, which 18 in process ol crection. lar institution of their own, amd one of the gentle- men remarked toa HERALD reporter thas many of the Chadren were SUFFERING FROM SORE EYES, which he though: was preduced from washing them ail from ene tub and an imsuificiency in the supply of towels. They also inspected tne Penitentiary on Biackwell’s Island, which impressed them favorably by its excellent arrangements for the ventilation of the several wards, and consequently the entire ab- sence of the bad, oppressive air that pervades most prisons. The several hosptials of the city they thought remarkable for their general cleanliness and the excellent system of separating the patients eases. They visited Central Park on sunday, under the guidance of ‘THE UNCTUOUS AND OBLIGING TIM GOLDEN, of the Mayor's Oitlce, and obtained several hints, which they will embody in the plan made out for beautifying thelr own park. During thei stay here they Dave recetved many courtesies at the hands of the city authorities, and ali the facitities for the gen- eral enlightenment of their minds haye been ex. tended to them, After visiting Philadeiphia, Baiti- more and Washington on a similar errand they will return home, ‘These gentiemen told @ HERALD re- porter that they DEFRAY THEIR OW? | Individually and were solely mated by publie spirit in nudertaking this totir of mspectibn. ‘Lhe following 1s the list of their names:—Common Councillors—J, 8. Beekey, W. Wall, L. Donaldson, # J. Janney, Joha G. Thompson, George Beck, D. f Suydam, John Gore, L. L. Smita, F Lofand, Mar- tin Kelly. Members of the etty goverument—c, L. Clark, kK. ©. Hull, GP. L, Butler, Park Commis- ENSES Engineer—L. Aunill St.eet Conmissioner—B, } oO. Wheat the city parallel with those of the old company, ane 04 | by a wholes ) opposition compelling a reduction ei the present i AO per 1.000 cuble feet—they ne : Loucks is mustered out of nib secHon OF ibe act of July, enant Meliville nexvice wuder the t ors iient with the old com halt of the an ave mide & une, hag the year 187 ‘ Jug tie season of 1870, Wha City Puysiclan— ioner—W. G. De: of sewers Architect—Or, ininek., County Cow @ banker. Sonerintendeni ender from Forty-second to | ru Green Wich ave- made. They had also come to examine the heating | The Orphan Asylum, en | Kandall’s Isiana, they think is not equal to a simi- | and assigning diferent wards to contagious dis- | BLONE Philip Esper, Frederick Jaeger, Superin- | tendents of the Columbus Blind Asylum—T. Re ‘ins. ley, . BE. Wilson. City Glerk—8. F. Bower. City ashes. and wounds, yer visible, on bis person. Evidence was given of frequent beatings, Ueiags up and ill-treatment of vario' i STRUCK WiTH On one occasion an iron bar was thrown at him, which wounded lim severely on the head, After tue last abusi meut Raus retreated to the hold and there lay exhausted with itunger and sur fering for a couple Of Gays, existing upon raw pork. After being discovered and taken on deck he was | taken back to the hows and there confined tor seven ) days, getting sor food six or seven biscuit a day. | Whtie here he found a box of figs, wuich he eat, and then, by the captain’s orders, he was band- | cuffed and bound to the deck ina very | position. While thus handcuffed and first mate RASPED HIS TEETH WITH AN IRON BAR, king a toot. This iron bar was afterwards into Lis mouth, Walle drom the ends of the ar was drawn a strong cord, which was ticd ab the } back of his head. He was kept in this position | | handcatted, bound and gagged—ffom at in the evening Ull midnight. On anether eccasion his ; handeuifed hands were extended above lis head ‘apd secured toa crosstree, a line was drawn be- tween bis legseand a bar of iron bound across the | back of his neck. In this way he was, in seaman’s | parlance, N IRON BAR, 2 boun “SHANGHAIED,”? ; that is hoisted and lowered several times off and ; on to the deck, On the latter part of the voyage, | and for fifteen days, ie was handcutied and secure to a stancheon by a chain twenty feet long, and fed on crackers and water a1 the time. it was in this narrow place of confluement Raus was feund when the officers went on board after the arrival of the ; Vessel in this port. THE CAPTAIN PRESENT. | From testimony directly put to elicit the fact, it appeared that the captain was present upon almost every occasion specified by the detais above briefly given, when he was besten and punished and re- siricted In Jood, almost starved in fact, and was al | Cognizant of the long couiinement of tfteen day: Vitich he suffered up to the arrival of the vessel when Raus and his companion in snffering were moecned by the police. | Acharge had been previously lodged against the present defendants, Captaiu Grindie and bis mates; but in consequence of tue inabilility Of the men to | appear as witnesses—they having been sent to Rox pital—the case was uot called on tll yesterday. Considerabie interest was manifested in the exami- ‘nation of Captam Grindle yesterday—he having elected to be examined aioue—the mates also agree- ing to take separate examiuations, ; All Raus’ testimony, as given substantially above a through an laterpreter) Was substaabated by ranco, THE PREENCR raainly rested on the allegation that the men would nut Work as able seamen, But on the cross-examl- nation it came out tat (hey did not profess to be seainen—nad absolutely refused to sign papers—had desired to be put ashore, which was relused, but tat they did and were willing to do all the work they were capable of so long as they were 8O di- rected, Case still on, CAUSHT INA WATER WHEEL. Yesterday asad accident happened toa workman nained Harvey Howell, who was engaj Fisher & Norris’ Anvil Works, ta Trenton, he man was passing the water wheel, into which a new shaft Is being put, when he slipped and fell into the wheel i wie it Was in motion. ‘he wlieel was stepped, \ but twenty minutes elapsed. before the suf: ‘exer could be rieated, Fils left log wae } found 1 be 80 y crushed that amputa- tion had to be perfor'mod above the knec. The fact } Lhe he came et Ye was an agreeable surprise ta Ms rescuers Who theught he wust cerlaimly have i been banged to death,