The New York Herald Newspaper, March 22, 1871, Page 5

“over the Cherokees, destroy their NEW YORK HERALD, WEDNESDAY, MARCH 22, 187L.—TRIPLE SHEET. THE COURTS. Another Erie Litigation—-The Witnesses in the Case of the Ship Old Co!ony—Tho Broadway Widening Suit—An Old Divorce Case— Tho Business in the Court of General Sessions—Decisions. UNITED STATES SUPREME COURT. Gevernment Taxes on Manufactures of the Cherokeo Nation. WAsninaton, March 21, 1871. No. 253, Elias C. Boudinot and Stand Wate vs. The Uniud Slates.—Enor to the District Court for the Western district of Arkansas.—Tnis suit was | commenced by informaticn tiled against a quantity | ‘of manufactured tobacco, apparatus and implements Jor manufacwuring, &¢., on land of the Cherokee Nation, in the Indian country, belonging to the | plaintiffs im error, the allegation being that the owners were disregarding the internal revenue flaws of the United States, The charge ‘was admitted to be true in the court below, the plaintiffs in error claiming to be Cherokees, and aa such not lable to the operation | of those laws. The Court was requested to charge that the revenue act of 1868, extending the jurisuiction of those laws to certain articies pro- duced anywhere within the exterior boundaries of the ULuiied States, whether wituin a collection district or not, Was not In force in any part of the Indian Territory: and that by the tenty articie of | ‘Uhe treaty of Lot6 the Cherokee Nation were exempt from the operation of the revenue laws; that artivies Provised thar every Cherokee residing within the nation should have the right to sell witnin tue Terri- ‘ory eny products oi nis farm, including live stock | or aby merchandise or manulactu.ed products, The Vonrt refused these instructions, and the verdict was lor the United Staves. The case comes here for review, the plaintiffs in error contending that the provisions of the treaty with the Uherokce Nation are paramount to the statuie, and that if Congress can repeal @ compact con- tamed In a treaty of any kind it can repeal or anaul any other stipulation, contract, exemption or grant. | if the United Stutes can by statute annul exemption from taxation of articles manutactured in the Oherokee country, and sold within the Indian ‘ern- Aory, 16 can extend all other laws of the country uaranteed rights and tier nationality, and make them in ther des- ite citizens of the United States, It 14 also matn- ained that the indians cannot be taxed by the United States without their consent, their nations being also sovereign. The government contends ‘that it hus been held (Taylor va. Morton, 2 Quurt C. , R., 454) that where the subject matter of a treaty falls Within the legislative power of Congress that body may repeal 1t so far as it 18:8 municipal law. If, therefore, the treaty provision in this case is to be understood as exempting trom taxation articles manu.actured in the Indian Terr.tory, while the same remain within the Territory, the subject of tax- ation being Within the legisiauve power, it was un- doubtediy competent for Congress by a subsequent Jaw to modiiy or repeal that provision by wee | uuabie to taxation all such articies, trrespecty ‘their locality; and the rule must be applied in the case bere the court. The theory of the sove. reignty of the Indian nations and of their exem) tion irom taxation within thew country 1tis su mitied, on the part of the government, 1s not within the rule of decided cases (Uuited States vs. Rogers, 4@ hiow., 667). The case is still on argument, COURT OF APPEALS. Decisions. ALBANY, March 21, 1871. The following decisions were rendered in the Court of Appeals to-day:— Jwigments Apirmed, with Costs.—Phyfe ys. Emer; | Dyke vs. Erte Railroad Company; Floyd vs. Erle Railroad Company; Higgins ys. Hauer; Regua vs. | Guy of Rochester; Sloan vs. New York Central Rail- way Company; Quinian vs. Burdick and Another; Rock well vs. Merwin; Stagg vs. Alexacder: Olendorf Cook and Another; Carpenter and Another vs, Waterman vs. Van Every; Allis vs, Read and | Terry and Oihers vs, McNeill. Judgments keversed and New Trials Granted, Cost | to Abide Event.s—Barhyut and Another vs. Elits aud | Others; Cheney vs. Woodrutr and Others; Wiillams and Another vs. The Bauk of Cooperstown; Rowan and Others vs. Hyatt; Barker vs. Savage and O.hers; Barer and Another vs. Amidon; Mauvel vs, Hold- Order of General Term Modified and Plures Man- damus Directed to Issue, in Conjormity with the Opinion of Judge Folger, without Costs to Either Party in This Court.—The People ex rel. Johnson vs. The Board of Supervisors of Delaware County, Judgment Reversed and New Trial Granted Un- less Platntyy Remtis from the Judgment $1,511 07, wUuh Interest, &c., &c.—Kirby vs. Daly. 1 Order Granting New Trial Reversed and Judgment on Report of Rereree Aftrmed, with Costs—Brownell ve. New York Central Railroad Company, Order Granitag New {rial Afirmes and Judg- ment Absolute for Defendants, with Costs, Pursuant t Stipuiations—Dounce vs. Parsons. Order ani Judgment Appealed from Afirmed, with Cosis—Knapp vs. Brown. Judgment of Supreme Court and of County Court |) Reversed and New Triai Granted, Costs to Alnide the | #vents—Burdit vs. Erie Railway Company. | Order of General Term and Special Terin Reversea a ewe to Defer Denied, with Costs—Cutts vs. uid. Judgment of Supreme Courtland of Sessions Re- ieee and New frial Granied—MceGarvey vs. Tho euple. ‘Onder of General Term Reversed and that of | Special Term Apirmed, with Ces Van Liew vs. Johnson. ¢ Court of Appeals Calendar. ‘The following 1s the Court of Appeals day calendar for March 22:—Nos, 106, 113, 125, 5, o¥, 67, z UNITED STAT®S CIRCUIT COUAT. he Erle and Ohio and Mississippi Railroad Case~-A Bill Filed in Equity. Before Judge Woodruf. Yesterday, in the Glerk’s office of the United States Circuit Court, a bill in equity was flied in which the £rie Railroad Company are the plaintifs and the Ohio and Mussissippi Railroad Cempany the defend- ants. The allegations in the bill set forth that the Ene Rallroad Company wero auihortzed to lease and have leased that portion of the Atlantic and Western Railroad extending from Dayton, Ohto, to Cincinnati, Ohio, Known as the Cincinnati, Ham- jiton and Dayton line, connecting at Cincinnatl with the Erle road, That during the year 1868 these two lines were and are broad gauge lines; that in the jall of 1368 the dvicndants, the Ou and Mississippi Ratlroad Company, oiyed to change the gauge of their read from the road to the narrow gauge. That these negotia- tions were entered into borers the plaimtiffs and defendants, by which the defendaiits ate Rem selves not to make the Proposed pean 6 it the acter of Maricail a the Condition that the plain- wou 16 Teomotives fifld cars, ronoing w 6h the line, on payment of the sum of $300,000, and also on the condition that the plainuils should transport, {re of charge, over the road a large amouut of railroad iron for the use of the Onto and pote road. ‘To these conditions the plaintiffs assented and a written contract was drawn up ac- Voraingly. Plaintitls patd the $30,000 for the loco- motives und cars and transported over their road the defendants’ railroad Lrom ac a cost of $50,000, ‘The plaintiffs believe that the defendants intend to repudiate this contract, and are about to change the gauge of their portion of the line from the broad to the narrow gauge, and to enter into an _aliign¢e i with the Balumore and Onio Railroad Company, whore road is narrow gauge, and thus to promote the plaintiils from using the line so contracted for. The plainiuts therefore now pray that an tojunction be issued Sot! the deiendants from altering the road as designed. ‘tne bill was flied yesterday and the proper process made upon the defendants wo answer, The Case of the Ship Old Coleny, The triai and acguittal of Captain Grindle, of the ship Old Colony, who had been indicted im the United States Circuit Court for alleged cruelty to two of his crew, is, no doubt, in the recoliection of the public. Twelve witnesses had been summoned on the part of the government, They were confined in Ludlow street jail il7 days, where the government paid” the expenses | of their board and witness fees, amounting | to $3,000, The men, who were all in the snip at the | tame of the alleged outrages, have been discharged, | there being no :urther occasion for their detention. Had they been at sea all this time they would not have been paid or fed as well as they have been | during thelr detention as witnesses. From the figures given above, 1¢ would appear that the cost of unsuccessful prosecutions ta the United States Court auiounts annually to a pretty high sum, while fm the successful cases, we Suppose, a more liberal Margin must be allowed SUPREME COURT—CHAMBERS, Before Judge Cardozo. The Widening of Brondway. In the Mauer of the Appointment of Commis. sioners jor the Widening of Broadiway,—The argument upon the application for the appoint ment of commissioners in this case under receat Act of the Legislature was to have been heard yester- day. In addition to Mr. O'Gorman, who appeared on behalt of tle corporation, there was an extended retinue of counsel present. Owing to the number of cases on the calendar the Judge was unabie ‘o hear | the argument, and it Was finally arranged that the argument should begin at ten A, M, next Tuesday And be continued from day to day till finished, A Bonaparte in Durance Vile. | ‘was pat in Ludlow street jail. A motion was mace for A4 discharge on tae tinal that ander the cir. | cumstances the warrant of arrest was illegal. ‘The Ovurtsaid the case properly belonged to the Common Decisions. Hunnivan et ai, 08, Heard &% ai.—Motton granted. Lane vs. Newell.—Same. Codugan et al, vs, Bond.—Relerence erdered with costs. Devexcerdin vs. Manning et al.—Motion granted, Gewheil vs, Herzberg.— Seine. Smih vs, Brinkley.—fane, Sevey vs. Brown,—Same, Mead vs, Khodes,—saure, Kinsman vs, Kinsman.—Complaint diamissed, dn the Mater of the Petition of the Frankiun tre Insurance Conpany.—sane, Shepherd vs. Brody, —oane. Renule vs, Zelinmacher.— Same. Lhe Imporiers’ and Traders’ Naltonal Bank vs. Weson,—Same, McGowen vs, Parker et a'.—Same, | Townsend vs, Tie Chicago and Kock Island Rat. | road Company.—same, The Phume Insurance Company vs. Owens, —Mo- tlon denied. Tucker et al. 0s, Barnes et ai.—Motion granted, Dunvar et al. v8, Buwer,—sMotion granted, unless Dlaintur periect judgment within Lea days. Guge v8. Howe. —souoa dened, Neville vs, Randoipi.—Mouou denied. Cunangion vs, Prank.—Delruit opened and cause restored to calendar, seven doilars costs to abide event. Jackson vs, Briggs.—Motion granted, j looking Murphy et al. 0s. Mocajrey et ai.—Motion granted, Wadger vs, Gagney.—Same, Lassing e al. os. Hansen eval.— Motion dented. Wright os, Gard-y.—Memorandum for counsel. Gage vs, Howe.—Motion gra ved, Blio8 et Ul, vs, Swarie—Same, Laldcin vs, Kapelye,—Avlacuinent may issue, ball- | able in $300, | Huvoard, Jr., vs. Holiday et al.—Motion granted, Barley vs. Connouy.—Sume, Spetton vs, The american and Mcxtcan Rattroad and Telegraph Company.—Mowon acuied, costs to abide event, , Migel ei ai, v3, Tanneroaun.—Motion denied. Levy ev dl, vs. bronson,—sMotion granted, Andreies vs, Camyoel..—Sane, Atyron v3, Myron,—Motion denied. In the Matier of the Appucaion af Edward Ty- ler.—Mowioa denied. . Wurdiow vs, Hawks. able in $400, ue vs, McClain et al.—Motion granted. Young eval. vs, Sctunao et a!,—pame. Kinser vs, Kraper.—Saine. Keuy vs, Kelly.—same, Horrigan vs. Dreher.—Motion denied. Searing vs, Lawrence.—Movion pranted, Benedict vs, Turner. —same. Sturgis vg. Grant.—Motion denied; costs to ablae event, The Tenth National Bank v-:. Swift et al.—Motion denied, Attachment may issue bail- Anarews vs. Canpdell.—Motion granted, Goodenough vs, Spence Motlon denic Slein vs, Loomis et al—Motiou denied; costs to abide event, Manning et al. vs, Kinsland.—Motion granted. SUPERIOR COURT—SPECIAL TERM. De. isions. By Judge Jones. Baker vs. Thorp.—Order granted. Ross vs. Wecher,—Motion deated. Oakley vs, The Mayor, &c.—Vrder granted. COUaT OF COMREON PLEAS. ‘The Leslie Divorce Before Judge Rovinson. ‘The case of Frank Lesiie vs, Sarah A. Leslie came up again yesterday. In January, 1803, the plaintiff | commenced a sult tor divorce for an alleged adul- tery in 1851, whieh he stated he had but Just discov- ered, The wile put in # dental ana made counter charges. In June she made a motioa for alimony, which was granted in July, the alimony being fixed at fitty dollars per week and the counsel fees at $500, This allowance was to raa from the com- mencement of the sult, ‘The plaintiff appealed, and in Losy (all proceedings being meanwhile stayed) the | order Of the Court beow was afirmed, The piam- thif thereupon entered ex parte an order for discon- tinuance On payment of cost, and tendered the costs, | aboat filty dollars. ‘rhe aelendant claimed that he could not do this, | she having acquired aiiirmative right tn the suit, and moved to vacate the order of discontmuance, in which motion she again succeeded, From this Platutit again appealed (staying all proceedings), carrying the case tals time to the Court of Appeats, which affirmed the proceedings below. Meanwhile, Mrs. Leslie received no money. So soon as the remittur came from the Court of Appeals, the plain- uf moved on an adidavit stating that he was willing to pay the almmony to nave issues framed and the trial of the case at once brought on, Meanwhile there being about $5,60) due under the order, some | correspondence took Dlace, in which, on condition that the defendant would go ‘0 trial in the first week of April, he offered to pay her $3,900 in cash, give her notes at une and two months for $2,000, and another note Jor $1,600 10 be paid alter the trial, certain depts contracted by her, for which he was Nabie, to be set off, ‘The defendant d°clined unis offer, having an ab- solute right to tie Waole money immediately, and as having lad ne opportunity—sue being penniless— | to prepare for trial, and mace a mouon to punish | him for contempt unless he no and obtained a | stay of proceedings on him, This motton came up yesterday. Ou Mr. Lesite’s side affidavits were made that 1n view @f her previous mode of living there was no need of giving her se much money in a lump, that the plaintif sought delay so as to turn this temporary alimony into # perpetual annuity, and that the Court suould aathorize him to retain | some of the money as well to meet bills Contracted | by her, on which he had been actually sued, as to constrain her to an early trial. The onrt reserved its deciston. SUARGGATE’S COURT. The Feeney Will . Before Surrogate Robert ©, Hutchings. ‘The will of Michael Feeney was under o. tion yesterday. The deceased executed a will on , January 20, 1870, m which he left nearty all his property to Mr. John A. Snook, the son of his em- ployer. The will 1s now contested by huis relatives | onthe ground that he was incompe‘ent and nov I @ fit condition to make it, at tke time of its exe- | eution. Join 4. Snook, being storn,fdeposed that he pre- | pared, the will from a copy of **Weils’ Hand Book of w;” that the deceased signed it in his presence, but he admitted that the deceased was in the habit of drinking; he Was sober, however, at the ume he signed the will. Other witnesses were called by Mr. MeKean, coun- sel of the contestants, and they tesitiied to the in- vemperate habits of the deceased, and also to the fact that he could neither read nor write. Lhe case Was then adjourned, am GOURT OF GENERAL SESSIONS. FEE ee eer Audersou, the Lawhciy Discharged. Betore City Jadge Bedford, Before the reguiar business of the day was pro- ceeded with Mr. McCarty, counse! for E. J. Ander- son, who wes indicted for alleged misdemeanor in recelving a certain sum of money for services as counsel in defendiag two sailors charged with lur- ceny, aud, as was alleged, neglecting to look after their Interests. called the attention of the Court to the case, He (tie counsel) understood that the sailors, who were detained as witnesses against Lis client, had been discharged and were now on their Way to Europe, After a careful examination of the case he Was Convinced that Mr. Anderson was not lable even for a breach of duty; for he had received nothing from the sailors, He, therefore, asked ihe District. Atvorney to giper try the indicument or withdraw it. District Attorney Garvin also said that he closely examined the indictment, the sailors and the captain oi the ship from which the men stole the property, and was perfecily satisiied Mr. Anderson committed no oence. The sailors had an interview with Anaerson and gave him an order tor some money upon the captain; bus the order was never pad, He, as prosecuting officer, felt it to be his duty to publicly state these facis, and to move that a nollie prosequl be entered in the case. JUDGE BEDFORD’S REMARKS, Judge Bedford, in disposing of the motion. said:— Wrih the approval of District Attorney Fellows, I deemed it proper, upon the statement of the sailors, to have the charge against E. J. Anderson fully in- vesinared by the Grand Jury. An tndictinent’ was found. examination, now informs me that he cannot legally establish the guilt of the accused, Under this aspect it becomes my duty, as regards this specitio sation against E. J. Anderson, to protect the accused, 25. would likewise be my duty. under other aspects, to protect the sailors. ‘Therefore, let @ nolle prosequi be entered in the matter. ALLEGED ASSAULT. John Davis was placed on trial, charged with stab- bing Jeremiah Laue on the Lath of February at a tenement iiouse ailey in Pearl streer. The complain. ing witness refused to answer why he had been are rested on previous oceasions, and when the prisoner gave his version of the transaction, how Lane had assaulted his wife and beaten himselt severely, the Jury heartily coincided i the remarx of the Juage that Davis had been kept in prison long enough and rendered a verdict of not gutity. A BURGLAR TRACKED BY CO¥FER BERRIES TO HIS OWN HOUSE. Murray Wiiliams, a colored man, was placed on trtal for burglary. On the 5th of last month the gro- cery store of Julius Whitvenbergh, 42 West Houston sireet, was burglariously entered and a pair of chickens, &ham and a bag of coffee stolen. night of the burglary oiticer Smith, while patroling’ his post, observed coilee verries on the sidewalk. He procnred a light and thus traced the coffee from the grocery store to the closet adjoining the room oveupied by the prisoner ata tenement house in Greene street. his room, ‘the oiMcer called to him, but ue increased Marks Finkleton and Aaron Levy v3. Isaao Bona- parte,—An execution for the sum of $2403 was waved against the defendant by a district court, | aud the seme being retsirned, wholly unsatisted he + the officer. rest was made. | both sides, Juage Shandley looked bothered, and fully dressed as he was in court when he ran out of hia room, but Williams said he was in his slippers and andershirt and was going down to tho cellar to t wood to kindle a fire. ‘The jury corvicted Wile liams of petty lavceny, and the Judge who sald the prisoner Was not @ professional burglar ur he never Would have spilie | the coftee along the street, sent hina to the Isiand for six months, COURT OF SPECIAL SESSIONS, A Long Calendar and Dull CascaA Disore derly House Not Convicted—A Midnight Aa sault of Four to One Ending In Three to Two—A Dishovest Smith and His Hard- fisted Bons~Tale of a Tub. Betore Judge Joseph Dowling. ‘There were thirty-two cases yesterday at the Court Of Special Sessions, The Tombs presented its ace customed dreary aspect, and the auditors In the | Warmth of patriarchal justice steamed off the rain | from their ancient garments til the air reexed with | PLEASANT ODORS, Assanit and battery held its Ume-honorea ground, and faces pound up with white crosses ot sticking plaster attested the exertions of the brute element im New York, Petit larceny presented its miserable array of wretched defaulters; yeo but few of them merrted any notorlevy, Commonpl was the ver- dict of the old court assistants, us the crier bellowed | forth his clos.ng admonition. | John Carey and James Brennan, two villainous | king i KNIGHTS OF THE LOW FORETIRAD, | were charged, in agnuens With two otpers not cap- tured, with knocRiug down Leou Akers, a Frenchmen, in fwenty-seventh street, on Saturday | might last afer midnight, The object was repbery . in Unis noctura: game of four to one. Oweer John Ketlly, who made the urrests, testified to the bru- tality of the attack, and Judge Dowling rewarded them with three months each in the Penitentiary, Mrsktoberts and her supported, flashily-dressed hauded the envelope to Mr. Scott, as he was in- | Dill since the action abo attendant, named Tewkesbury, were charged with ing @ disorderly house in Thirteenth street. ‘There Was some technical tailure in the proof, which mauced the Judge to discharge them, after be had expended three minutes in a fruitiess AUTEMPT TO HURT THE FEELINGS of the unbdlushing “pimp,’? who leit the court in high feather with his mist The long suspended Quod adjourned case of Juseph Smith, charged with robbing ols eiapioyer, Austin D, Thompson, of two | dollars, was again brought up. The defendant ad- . mitted the soft impeachment, and m addition that | he had taken $1,200 from the same gentlemen, but alleging that the lauter nad retaine $1,500, the pri- Suner’s property. District Attorney Garvin, for whose atiendance the case was last adjourned, sent a note, | stating that he was unwell and could not attend. | The Judge suspended sentence, as Smith had | pews been confined come time, inorder to allow im to BRING A CIVIL, ACTION for the $1,500, A decent looking man pleaded guilty to stealing some pearl buttons; previous good char- acter was presented in mitization, and the Judge | “let up on hia.” William Willlams raised a dis- turbauce in the lager beer saloon, 41 Broome street, and while the mein herr went ‘for an officer, latd | violent hands on Anna Yetta, 2 servant of the house, throwing her on the ground. Drunkenness was the | mitigating fact this time, and five dollars to the county squared the matter, A poor miseranle, ef | some il{ty years, forlorn and ragged 100kiug, STOLE A WASHTUB from Don Lorenzo Koloseus, and waa saved from hunger and sheciteriess night roa.wing ior Wo mouths in consequence, Arihur Sweeney, with @ swelled head, twe plack eyes and @ bandaged finger, charged Wm, H. Liv- Ingstone, a mulatto steward on the Albany boat, with adorning his uupleasant countenance in this | white man’s style. ‘the negro is an imitative race, and probably this to a great extent condoned the offence. At any rate, affer much bard swearing on or issed the case and the prisoner at the same ne. COURT CALENDARS—THIS DAY. Court—Crrovit—Part 1 55, 824, 647, 105, 31, 99, 5, 103) Part "2 42, 21634, 133%, 202, 200, 186, 50, 14434, 205, 228, SUPREME’ COURT—SPECIAL Brady.—Demurrers—Nos, 7 and Nos. 75, 5: 8, 15i, 152, 153, 154, 218, 54, 69, 71, 125, 6444, 135, 108, , 86, 110, 113, 114, 35, 14034) 4, 78, 94. URT OF COMMON PLEAS—TRIAL TERM—Held by Judge Loew.—Nos. 750, 604, 729, 220, 529, 529, 27, 499, 791, 157, 621, 852, 64. Hegular order of general 4, calendar Nos. 433, 334, MARINE CouRT—Part 2—Held by Judge Curtis.— Nos. 4841, 6254, 5306, 5542, 6352, 3, 5354, 6562, 6. 1, S391, 5399, 5406, 5422, 6427, 6428, 5494, 549%, 5539, 584, 5905, 6011, 5416, 5486, 6031, 1676, 5153. Part 3—Held by Nos. 4714, 5973, 6032, 6033, 6034, 6035, 992, Heid by Judge ., Law aud fact — BROOKLYN cOUaTS. UNITED STATES COMMISSIONER'S COURT. Whavs in a Name? Before Commissioner Jones. Edward Everett was before the Commissioner yesterday on the charge of naving passed a ten dol- lar counterfeit Treasury note on Jane Jack. of No. | 496 Fifth avenue, Everett pleaded not guilty, and was held to ®ail tn the sam of $1,009 to await an ex- amination, a | SUPSEME COUAT—CiRCUIT. } Another “Black Friday”? Laws Before Judge Taspen. | wiiam Bell vs, Isaac 0, Davis and John A. | Jail. | Teduced to $1, A NOTOR:CUS FORGER SENTENCED. Hahn, the Forger, Tried, Convicted and Sen- tenced—Forty Charges of Forging Orders Upon Commercial Firms Pre‘erred Againat Him=Ju Bedford Sen Him to the State Prison for Five Yeu One of the most notorious and accomplished | forgers in this city was brought before Judge Bed- ford yesterday in the Gencral Sessions and@ con- victed by Assistant District Attorney Fellows. The criminal, Charles Hahn, 1s a well dressed and very Intelligent looking young man, and the numerous forgerios which he committed evinced more than ordinary skill and intellectual ability, THE TESTIMONY, ‘The first witness called opon to sustain the par- tleutar charge upon which he was tried was Robert W. Scott, a member ofthe dry goods firm of Emerson, Rhoades & Co., 412 Broadway, who sald that on the 26th of November last he received an order purport ing to be from Hitt Moynan & Co, Grand street, reqnesting them to send a piece of velveteen, Mr, Scott handed the plece of goods to the messenger Who brought the order, bie Vv of which Was sixty gollars, O14 the \ollowing day he received a similiar order, but, believing that it was 4 forgery, declined | ive the goods, { corse Moynan, & member of the frmupon whom | the orders were forged, pronounced them to be for- | geries, and produced a number of orders wotch he said were also forged; but these coulct nos be legally | Introduced into bhis specific case, | Jobn Prohaska testified that he was in the Bowery | last November, and was approached by the prisoner | anda man named Goss, Who landed him a sealed | envelope and requested him to go lo 412 Broadway | aud brug @ package buck to then, He did so, and | received for his services fifty conta. The witness | structed to du, and delivered the package to the risoner hear the corner of Canal street and the oWwery. : Cvunsel for the prisoner declined to put hia client on the stand, and did not call any witnesses, | Colonel Vellows made an eloquent appeal to the | bl to promptly convict Haha, who was a skilful | lorger, Judge Kedford, after giving an impartial state- Ment of the evidence, coaciuded by saying that if the accused was guilty the jury should protect the thousands of merchants in New York by rendering a verdict of guilty without leaving their seats, CONVICTED AND) SENTENCED. After the jury had rendered @ verdict of guilty, Which they did without retiring, the City Judge called ofticer King, who said that Kahn had served aterm of imprisoumeut on we Island for forgery and that there were between thirty and forty com- | plaints against him by werchants tor forging orders | upon thetr firtas. | Hahn, you are one of the most skilful forgers of the age. You have lived, thrived und prospered upon your forging. You nave suceeedet by your dexterity in defrauding the community out of Uhousands and thousands of doilars, . District Attorney Fellows has succeeded in convicting you. ‘The honest portion o( this community must be pro. tected from ine villanies daily perpetrated by mem bers of the iraternity which you to-day so guiitily Tepresent, Lowe itto the people to mete out the fall penalty, which 1s confinement in the State Prison at hard labor for five years. ‘The prisoner appeared to be very much affected garded his wife steadily. When the veratot of guilty Was prouounced tie latter bowed her head, and when she heard the sentence bnist into the most heartrending shrieks, and was carried fainting from the court. HOW SIVGE The Rudclifle Dinmond Smuggling Case—The Aceased dicted, but Discharged on His Own Recognizance. ‘The arrest of Augustus ©. Radcliffe, the charge preferred by the government officials against him, and the examination he'd in the case before Com- missioner Osborn have teen reported at length in the Heraip, A great deal of apparent interess Was manifested by the authorities to secure a con- being that he had smuggled $30,000 worth of dia- mounds into thts port from London, where hia father carries on the busiiress cf a diamond merchant, The result of the examination before Commissioner Osborn In the matter was that the accused was held to await the action of the Grand Jury mn $10,000 bail, This heavy bati was o1 course not forthcoming, and Mr. Radcliffe was carefully lodged in Ludlow street The Grand Jury found a true dill against him for smugghng $15,090. worth of diamonds enly. The value of the diamonds, though not the character of the offence, was thus strangely reduced one half. It was, of course, naturally supposed that he woulda be put on trial on the indictment found against Bim; but this was not to be, as the sequel shows, The term of the Criminal Court cigsed witoout the case being called, und last week, a8 a preliminary step to further unaccountable clemency—not to say seeming disregard of law and jusuice—Radclitfe was brought up before a diferent Commissioner from that before whom the examtnation was held and who had committed hm for triai m $10,000 ba1!, und on representation of the bis rict Attorney had his bail 500, Butfarther oficial consideration was yet 1m store for the alleged diamond smuggler, and to-day ne is, to all iatents and purposes, a free man. Yesterday Assistant United States Mistrict Attor- hey Purdy, attended by adele aud his counsel, presented himself before Commissioner No. 3, con- MePherson.—This suit arose out of a gold transac- tion on the memorable “Black Friday” of Septem- ber, 1860, Plaintif Prought suit to recover $3,500, | alleging that on the 22d day of September, 1869, the defendanis, Who are stock and gold Drokers, bought | for him under his Mstructions $10,000 in gold at | 1il's. On the 23d ef September they bought $5,000 | at 14224. On the same day the plaintit gave the de- | 28 orders UO seil $10,000 at 142 and $10,000 at 1 Plainti? says that the deienaants did hot re- {| gard his erders, whereby he i has veen damaged | $5.500, for which amount he asks judgment, j ‘The defendants admit the purchase of whe gold as alleged by the plainud, but clalm that they were to hola it only so long as the plaintiff? kept his margin ood, 80.28 to protect them from loss from a decline a the market. On the 28d of September they sold the gold, as ordered by the plaintit, to William Bel- den, who by reason of his failure was unabie to take it. On the 24th they sold ali of platntiit’s gold at 18434 and 135%, and reported the sale to platntitf, who ratified and confirmed 1, They ciaim that as a result the plamtift is Indebted to them in the sum ef 739 v2 for Which amount they ask judginent, ; ae Jury rendered a verdict in favor of plaintuf for $2,405, CiTY COURT—PART A Visient Photographer. Before Judge Neilson. Rose, Filzpatrick vs. John Farache,—On ihe 31st of | October, 1869, plaintiff went to dofendant’s photo- graph gallery, in Fulton street, when a dispute arose between them in regard to some pictures, Farache aileging that she had not enough money to pay forthem. ‘rae defendant ejected plaintul from the place, and she, being pregnant at the time, was 80 injured that she was confluea prematurely, and had to go to the hospital. Hence this suit, which was brougiit to recover $2,500 damages, The defence was that the plaintiff was very abu. sive, and that Farache merely laid his hand on her shoulder and requested her to leave the place, The suited in (iis matter, and stated that the District Atiorney—ex-Judye Davis—had decided on having Radclifte reieased on Ms own recognizance to ap- pear for trial at iwe Dext October term of the court. he further statement was atthe same time mado that Radciife bad pi Anes and penalties incurred py his smuggltag oper- ation. If this 18 net a condonation of justice tt would be hNrd to expose What action on tie part of officials comes under the serious ofence—an offence which the federal judges of this circuit have been compelled, from time to time, to seriously censure and reprobate, Of course, the fortunate diamond dealer readily entered ito the farcical recognizance and Was at once discharged and went upon his way rejoicing, with what sacrifice of the diamonds, how- ever, does not yet appear. THE SCHMIDT MURDER. Close of Coroner Schirmer’s Investigation Verdict Against the Fugitive Murderer—The Prisoners Held ay AccessoriesGathering of Nineteenth Ward Roughs. Coroner Schirmer’s Mvestigation yesterday morn- Ing into the cireumstances attending the murder of Israel Schinidt, who was deliberately shot through the head ou Sunday afternoon, the Sth inst., at the saloon 845 First avenue, by a pisto! in the hands of Thomas Whelan, & well-known offender, brought to the City Hall a precious gang of Nineteenth ward Toughs, who filled the court room nearly to suffoca- tion, Almost toa man they were friends of the pri- soners, and exhibited the gicatest INTERES? IN THE PROCEEDINGS. After the evidence of Captain Gunner and officer Hamilton, of the Nineteenth precinct, had beon taken, two of the defendants were sworn and ex- amined, but thelr testimony was in such direct con- Judge Bedtord in passing sentence sald:—Charles | chase or sell bonds throughont, and belore and after ihe sentence res | viction against Radcliffe, the charge against him | i tte court the amount of i The DListr.ct Attorney, after a thorough | rhe, Willams at once rusned out of | his speed and escaped iate the cellar, where the ar- | hams went onthe siand and , not only dented having broken imto che store, but | fiatly contradicted an Important statement made by * Smith save tat the nriqoner was ag , Jury gave piaintul a verdict or $100, | tradiction of the statements previously made to ee ~ ' Captain Gunner, in presence of officer Hamilton, CITY COURT—PART 2, | that the jury placed little tf any evidence upon it. An Alioged Hounicide. | Below will be found @ report of the reliance ad- 488 Most brutal murder, The case was then given to the jury, who fuend the following VERDICT: — “We find that the deceased, Israe) Schmidt, came ; to his death by a pistol shot wound in the head, at the hands of Thomas Whelan, at No, 845 First ave» nue, on {he Sth day of March, 1871, and wo further tind that Edward Farley, John McCarty, Joho | Maher, George Murtle and’ Patrick Murray were ac- cessories to the murder,” The prisoners’ counsel, immediately after the ver- dict was rendered, moved that their elents be re- leased on ball; but this the Coroner refused without consulting the District Atsorney. Thi soon done, and the answer of that gentieman was decidedly averse to releasing them. District | Attorney Garvin said he should, at the earliest pos- sibie moment, Jay the testimony in the caso before the Grand Jury for their action, and in case the prisoners Were indicved be shonid bring thom to an eariy trial, ‘The accused parties range from seventeen to twenty-five years of age, and look as if they be- longed to the dangerous class: In their formal eXaminations the prisoners, by e of their conn- sel, pleaded not guilty to the charges preferred | agatnst them, They were all committed to the ‘Tombs to await their trials, = REAL ESTATE MATTERS. ‘There 1s not much to be said in respect of the real | estate market, Business asa rule {s dull, awaiting | the developments at Albany, where “the raptd tran- | sit problem?’ and other enterprises are “tn transita.”? | Among these embryotic schemes ts that ‘intro- duced by unanimous consent by Mr. Tweed, read | twice and referred to ‘he Committee on Banks, reported favorably from said committee, and com- mitted to the Committee of the Whole, entitled an act to incorporate the Real Estate Trust Company of the Cry of New York.’ What has become of this | reported we are unable to state, since tho historians on the spot have failed | to furnish any record of its progress; but as we are | Satisfied civilization is nota failure and the Cau- casian Is not played out, we incline to the opinion that it still moves, exists and has its being. If we are mistaken, to the aforesaid bogus historians, as ‘We may then call them, be the responsibility of this error, The bill In question contains the following provistons: SKCTION 5. Tho said corporation (meaning the Real Estate ‘rust Company) aball have power to receive money on de- posit aud to loau money on securities; to allow interest on moneys deposited not to exceed tour per cent per annum; to act as agent or trustee for the investment of money in real or property and for (he management thereof and of money invested; to purchase or sell such notes of hand, pro- missory notes, d nd bills of exchange as shal! be col- laterally secured by bond and mortgage or trust deed of real entate or on builion, State or government securities; to put and mortgages; io guarantes bonds and | aneriga jes and bles tr vent estate for + money consideration Sko. 6, The said corporation shail have power to purchas hold and convey real estate for the following purposes, vi ‘Such as may be necessary for the transaction of ite business such as may be taken by it in compromise or payment | any pre-oxtsting Indebtedness lawfully acquired ‘by sald porat ich aw may be purchased by It at any judici | gale or sales in forfeiture. or tor the foreclosure or other en- forcement of any claim, judginent, mortgage, trust deed or | agreement tn the nature of a pledge or mortgage of the | | same, taken by sald corporation in the course of its regular | business transactions, All of this is very quiet and very indifferent, the amount of the stock of the corporation being | | Lunited to $1,000,000, and permitting ness to.be commenced npon a paid up capital of $200,000, | with the following provision:— Sroti0N 7. Each stockholder rhail he Mable for the debts of the corporation to the amount of stock subscribed or held. | by him until the same shall have been paid up in full, but | Shall not be individually liable thereafter. Now this whole bill might be passed over in | silence as contatming no provisions not afforded by | | the general laws of the State but for the circulation | simultaneously with its Introduction of a pamphiet, | enuued “Real Estate Transactions as they Are and as they Might Be: a Plan for the Insurance of Titles ; and Mortgages,” to which a name ts attached whom | nobody apparently knew and who is generally re- | ; garded asa myth. The foliowing is the prospectus | of this Utopian scheme:— ‘The facilities offered to country for sharing in the pos surface, compared with novolies of landed property | in the Old World, are fully realized by a population naturally | inclined to settle ina home ot their own, This tendency to general participation tn the poussssion of the national gol is upheld by our laws, which, with trae republican spirit, op- | pose the perpetuity of ownership, or the restrictlen OF ftw dive | posalveven more strongly than has been done ia England, | where this princtple was recognized too inte to prevent the social and political evils resulting from ite infringement, 'o make the ownership of innd as general as posuible {#, then, the avewed intention of our laws, and if for any rea. ; gon they to provide the uecersary facilities, it behooves | us to discover other means for retorming the impracticable way of conveyancing, which works in antagonian to the spirit of the law. "For, as and sometimes mon: 00d titi, or to pro can be done only at the present heavy expense; as long | a8 every mortgagee or purchaser mnst hava it done over and | over again, aud the same expense repeated, since he relies solely ou the ability and diligence of bly own lawyer; as Tong, we say, ax all these diflictitics ure inthe way, the trana- actions and investmente in real eatate can never develop themselves to that degroe which ix due to them, and whieh, under more favorable clrenmatances, they would certainly attain, ‘Theeo are the real iinpedimenis wnteh prevent { landed property from sheting in the marketable qualities of | all other cominoditas. AS in now, the wenithy few who are holders | of capital unemployed, and not likely to be required for thelr | business, together with that unproductive part of the com- munity who live entirely ou their revenues, can alone pafely acquire real estate. The merchant, the tradesman, the mochante, fo short, that large body of good and uscful elt. compelled to fail ry ciilzen of this prosperous | jon of {ta rich and extended back every part of their means, either for their or sustenance -in words the productive mass of the popuation— | cannot with impunity ein the ownership of the soil | they inhabit. By doing #o they incur the risk of finding | re at aby moment starviog im the midst of their | reasiure. No doubt many make that risk. Witness a commercial | erisis, when great merchants, worth, apparently, doubi their’ indebtetness, auspend’ pay rent, denwity with | them, into the. ‘abysa of bankruptcy, hundreds. of others. Witness further the usurious interest at which | many mortgage thelr property to obtain funds needed for a | sudden emergency; witness, also, the sacr i valuable land is ently thrust notice. True tt at, AS & Pp such emergencies it is’ customary to kt petoaliyalive, But this also yagor paying interest on mon necessity, to shield hitaself avafust the danger Involved In the delay of obtaming {t wien wanted, The mortgagor, therefore, 1@ not benefited hy xbundance of currency, “whila no usury law will protect him from the afflictions of a tight mouey market, . In short, the ownership of realestate ix rendered onerous and dangerous to the greater part of our popuiation, every | one of whom, under other circumstances, would add’ to the “ft number of competitors for landed Property, and would en- | hance the prices thereof ard their stabilliy. } the end lore indiscriminately; but it ts upon those directly interest All classes in | | in real estace that the lors fails heaviest, these evils appear, Just ax are these complaints, | be easily remedied. Tt is not tae law ti { without any outside assistancs by the protit tafaing enterprise of the real estate owners tkemacives. Such isthe scheme the feasibilty of which we desire to demonsizate, Now this excellent scheme of guaranteeing title Is all very well, if it were backed op by a company of several hundred millions capital; but as the only concern pretending to assume this right 1s limited | $1,000.00, and can commence business at $200,000, the question arises where does the guarantee come in? What good can the guarantee be beyond the amount of capital paid int The guarantee ol one imperfect title toa single “piece of property in this city. might use up the en- tire capital of the company. What value would the guarantee of this company be tothe title of real | estate in one single avenue in this city? Suppose | this company guaranteed a title to apiece of real esiate and an unexpected hetr made ciaim; the case | goes into court, where it hangs for some year or two, ts decided in favor-of the clatmant, carried to a higher court, where it may be settled in the course of two years more, and then against the title which | has been guaranteed by this company with its $200,000 or $1,000,000 capital. Is it supposed this ; company wil pay the value of the property guar- | anteed when the title 14 fist disputed caused by the | claim) set 9 i tunis unexpected helr, or will it wait | years for a decision? In the first case, a half dozen | such claims might swamp the company, and in the | y Before Judge McCue. | duced and the verdict of the jury, \ second caso, what good if the party holding | i) Cleary was tried yesterday on | THE EVIDENOB. et mak etre ecru eeeet atest Sop dusep) Jeary yer iy H eh f the Ni peuth Oo | years a halt dozen suck claims arise, ruining the j the charge of having caused the death | Joha Gunner, captain of the Ninetcouth precinct, | company before Ne knows he ts entitled to cotlect of } of John Jonnson, a hand employed on | deposed wat at about six o’ciock on Sunday even- | this company, by the tive being declared defective | the steamer Port au Prince, lying near the foot of ins, the Sthiust, he heard that there bad been a Main street. On the ist of February last there was } aisiurbance in First avenue, and went there with a row aboard the vessel, wileh was caused by kome | yeygral oficers, and found that Israel Schmidt had pf the satiors of the ship Black Prince attempung to : oross the decks Daring the mc¢lée sonneon che ‘ been shot through the head; found no one who knocked overvoard and so injured that he died on | knew the parties, but several said they could the following day at the hospital. The evidence ; wentity them; Murray was the first one adduced yesterday was not conciusive agatust the | arrested, and the others were taken the ‘ next morning; they all ba gent SE REaTe Dalen, , | party present’ when Schmidt was kiled; "Mahen, i Ae Ee aR: | Rarvel Parley aud McCarty said they saw the shoot Joseph Schenck was convicted of having stolen | ing, aud Murray said he saw the shooting by Whe- $150 worth of property from Mr.Schoenman, Judge | lan, aud Murray furiher said Movarty did the McCue sentenced him to the Penitentiary for one prisoner, and the jury acquitted tim, stabbing, and told him so in presence of officer Hamilton. Cae ¢ opICH: William Brown, colored, was also sent up for one ., JOBN HAMILTON, AN OFFICER veanICe indecent conduct. Judge ‘MoUue sald ‘he of the Nineteenth precinct, deposed that he heard | by the courts? What will it cost to get this company | to guarautee @ $200,000 title? Who will be likely t ' pay for snch # fuarantee? And then, what is the | value of such @ guarantee, provided the company | takes the risks of millions? And if it does not take | alarge number and amount where 1s the profil to come from? We are of the opinion, if this com- | pany ever gocs Ito existence, it will prove more profitable buying, selling stocks and doing a banking business, as It ts allowed by one of the sec- tions in the bill, and notin Undertaking to guaran- Brooklyn, New Jersey, and, perhaps, all the United ; States, as we fear the guarantee would not be con. | sidered 3 great value, Sul, thay would be for each | person to dédhie for himself. By the titie of the | Dill it may be intended that this company shail hold | in ‘trust’? all the real estate in the city of New Tegretted that he conld not sentence bim two ten | te prisouer (Murray) tell Captain Gunuer that Me- years’ imprisonment, | Carty did the stabuing, i a Rs this stage of Pog proceedings the counsel for ” f 4 { the prisoners made a motion unat one of the de- BROOXLYN COURT CALENDAR, jendants Loe and Pgh ve his | y ) —Part 1—Beforo @ Netlson.—) version of the atfuir, to which Coroner Scairmer oo ee eT ane Ln HO, tak ano ios, | assented. Jolin Mauer was accoraingly called to Part 2—Before Judge’ McCue,— | the stand, and gave nts evidence. He swore that on Part i—Judge Thompson.—-Special | Sunday, the oth instant, he met Whelan and Murra; and went with theth to several lager beer satyqus, Rea eitietie alle Bord oy and Was eventually joimed by the other prigyners; PETER PILCER’S PLUNGE. | wentinto Scamidt’s place and s : ‘ 1 ne Wao unas WERE Canta won) sénat “oO ’ est—Oi . | he took acigar, and when near the de or heard A AY tear : ives he oli ae of | shot fired and saw Whelan run out of i, foe ane the Eus er Ferry pany. @ pistol in his hand; then left the pl? ce and went Yesterday afternoon Coroner Hermann resumed ete all the party were under tb’. ”\nfueace of | his investigation previously commenced in the case | /quor, a ‘ At the reqnest of Mr. Kintzin; v | of Peter Pilger, who was drowned by talling from | qnother of the decendants, Was, “ex poate, Warley, one of the Thirty-fourth street ferryboats into the | afternoon of the 5th instant “pe was inviled by river, He was bd while yet altve, and the tes- | Whelan and two or the other gefendants to goanit timony of oiticer Carr, of the Twenty-first precinct, | take @ drink with them, and atterwards they showed inditierence and Led pg wee eee Diace’. the part of those attached to the boat | walked out immediately,” in rebhoring the unlortunate man to consciousness p jpon which be heard tae re and endeavoring to save his iife, The jury found, port of a pistol, when Fiir'the party rusted out and made their escape; @,q'not know tant Whelan had “That deceased came to his death by @rowning at the Vhirty-fourth street ferry on the night of Tues. 93. Co j Term. @ pistol and saw abr .@ In his possession; do not re- member telling Va" ,tatn ‘Gunner that Whelan done day, March 14, 1871, and we censure the East River | the snooting, and Ferry company for the gross negligence of their em. ‘dhe bal Tig hee honneny to offer the loyes, and for thelr lack of tuetlities for the pro- | Coroner deliWsred a brief charge to the Jury, in Hat action of tne Lives of their vas@ensera dey which he CRY acterized the act of KiiIn, York. Weare a /ittle curious to iearn the precise Occasion for the use of the word “trust. The Dealings Yesterday present no new features, The following are the pariculars:— MEW YORK PROPERTY—RY MULLER, WILKINS AND 60, NO. 628 ta av, and No. 80% West 8th st., lot 20277 ft., brick store and house, sold at private sale. No, 48 West 4ath at, @ mory brick house and lot, ® 25x10). landry... oi Jot 25x100.5 fh. to, ry, ais" Nor. 09 and sherry st., two y buildings, &® between Roose slip, lot 83x62, to J. R. Post... ¥ No, 43 Beaver at., 4 story brick between Broad and iam bought io fur owners, J. Jex. BY 4. JOHNSON ne No. 51 West 44th st,, 3 story high stoop brick house, lot 16,8:100.5, 10 J. HR. West... ae ve» 11,000 AY A. J. BLEEOKER, BON AND ©0, No. 12 Bethung at, two story. aitle brick house, n. 5. Deuween Washington aud Greenwich ats. ot WAL, seeks Wy to P. A. Fro ae BY V. K, STEVENSON AND 80ON, No. 548 Madison av., w. #., between and 54th st lot 30x45, a four story brown stoop, to James McCandy.. 42,000 BY ROBERTS AND MOGUIRE. No. 82249th st., two story, basement and. cellar brick house, lot 192,00, to 8, Bauer, Supreme Court Saie—Bu | Ward, of Towan | rator inland, amassed a large (ortune and died w. | and’ leaned over against» lounge | the ouiside of the rib. Hi | the guest t tee the title of millions of real estate on this isiand, | th 6 THE SHADER-WARD TRAGEDY. The Seeretary of the Great Western Life Insurance Company Shot in the House of a “Friend.” REMARKABLE DEVELOPMENTS, sed Allowed to Go at Large on Bail. The Ac From the Recorder, of Lima, N. Y., of the date or 9th instant, we learn some particulars of the cir- cumstances attending the death of Mr, Shader, who recently held & prominent position tn this city aseecretary of the Great Western Life Insurance Company. It ts distressing to find that Mr, Shader was killed by a pistol shot at the hands of aman of influential position named Harry Ward, at Towanda, Pa., whose guest the deceased gentleman was at the - tume of the melancholy,occurrence, Mr, Shader had many friends in this city, was @ young man of fine presence, only thirty-three years of age, and of good business talents, He was a mem~ berof the Masonic fraternity, and belonged to the Independent Koyal Arch Lodge, Ne. 2, of this sity. He was buried with Masonic honors at Lima, Liv- ingston county, where his parents reside, on the 7tn instant, This melancholy affair has created a wite interest in the neighborneod of Towanda and Lima, and plunged an extensive connection of both families into bitter grief. It seems a.range that up to this no notice of the event Ras appeared ta any of our city papers, and it is also remarkable that tne accused 18 out on $10,00) batl, although found gutlty by a Coroner’s jury, Following is a statement of the case by Mr. Il. Decker, addreased to the Lima Bes corder:— ‘There are so many contradictory statements in relation to fhe tragedy as Towanda, Ha. which resulted in the death of Wesley is, Shacer, that ‘I yield thentio Information about thia most pal endeavor to give a full bistory of the matier, paged mainly upon the evidence taken be ore the Corvner's jury, but in Aupon information derived from anthentle sotiress @b- ined upon the ground, while acting as counsel or the friends of the victim, Harry Ward, by whose band tho deed was dono which #0 saddened our community, is the only son of the late U, 1 who was a lawyer and au: 0 the general desire for au: Inti! event and aball at fago leaving an estate, froin @ partva aivision of waleb Harry Ward became posuessed of the homestead at Towanda, a fine mansion, wuere be now resides, and which was tho fcene of the tragedy. Mr. Shader Lacatne acjuainted with him at the Democratic Convention in New Yor's city in In6e. Shader was then In the eimployment of the Now York Lie “Insurance Company, ot New “York, and was living in New sork, An’ intimacy. then sprung between them which "resuited in occasional viata, und forth, On about the 1th of Kevruary last Mr Shader took w general agency of the Union Mi surance Company, of A ‘Tuesday nignt, February 21, to be; The iurst place he visited was Towanda, He arrived therg on Wednesday morning and put up at the Ward Hotel, Soo after bis arrival he sent his card to the residenee o Mr. Ward. Nothearing from Mr. Ward, and presuming their intimacy, he went to his residence, He was kin 4 received by Mr. Ward in the paror, where they visited fora time and then went up stairs 0 w fom occupied Dy Mr. ‘ard. Here they engaged in general conversation Walch Mr Wand charpod. Mr, “Shader “with, baveng stated things derogatory to his (Waru's) character, Itseems that at some previoun visit Mr. Shader bad become an involuntary witness of domestic difiicuities which were not credit w Mr. Ward, and he charged Mr. Shader with having div them. Mr. Shader denied the charge, but Mr. Ward was not satistied with the aenial. Mr. Ward. therenpon selzed Mt, Shader and aacuille enaund, inwateh “Mr, Shader got the ad Vantage of Mr. Wi fim down and held him, whea Mr. Ward prevei in sport, and Mr. Shader, although an he alterward e thought Mr, Ward acted rather roughly for a man in sport, accepted. th ‘ana t.ey both continued therea.te together, Mr. Wat | a thc exerciser, &c., during which Mr. Ward handled we revol- vers very carciessly, 60 much so that Mr, Suader reminded him that he might birt bimself or bim (Shader), It appears that Mr, Ward at this time pointed the revoiver at various parta of the person of Mr. Shader in a way Jodlcavnz, whether im sport or mere. play with wicked deslyns, # aingn= larly reckless mind, While here Mr. Shader proposed to re- turn to the hotel to dinner, but Mr. Ward insisted u his staying there. Mr. Shi dinner. After unds, and ine one, and the Improvements contemp! were the subject of conversation. A ri.¢ 10 Greenwood, nix mies from Towanda, was proposed by Mr. Ward and a car- riage wan ordered for that purpose. In the meantime the servant announced supper, and both went to the alning room. During the mong other subjects of conversa- tion, the one of shooting was again introduced, and some bantering tuok place, in which, fm reply to Mr. Ward's pro- fesned expertness, Mr. Shader made some playful remark which calied in question Mr. Ward's ski, The particuiare Of this conversation are not known, and that it assumed « | threatening or violent tone !s not vroved. What- eer may have been the feelings of Mr. Ward, Mt is quite certain, I think, that Mr, Shader regarded the whole an piayful. to Mr. Shader’s dying declaration bir, Ward suddenly le! roow, went up stalrs and came down almost instantly, he returned to the dining room he had in bis hand'a Mr. Shader had yot up from the table, Mr. W: pointed the plstoi toward him. Mr. Shaver was under impression that tho pistol was not loaded, but under a very natural impulse started toward Mr, Ward to turn the weapon away. Mr. Ward gald, “Lam goin to tire” und when Mr. Shaver was about from Shader recelved bis. di merrtant the D left the house and the tirst man he met was Pa who Was passing. He rejues saying that aman had 9s phy went in with Mr. It rd, and they fo roaning and in great distresi, § by the collar and attompted to int him up, and asked Shader if “he got shot by bis (7 Mr. Sha der made co reply. Mr. Brophy went for a pavstuian, aad suo alter several citizens assemble’, incloding Dr. Ladd. sr. Ward now seemed to be very much exelted, and became v anxious to secure from Mr. Shader aeknow/edgement tha: | was acefdental; but Mr. Shader, In great disteems, said sltiey and in no Way assented to the Wea that It was wocidental, ie. War was very strange; he was vidently kafoiy and endeavored in every Way > ex from the wounded man thas would escul- wate him, demanding that a statement shoctd ve require t om Mri Shader, though be then apresrert to bo) in. tie agonies of di Shader partiaily iainted and then rn vives id, “Harry, why did you snoot me?” “you know 1 didn’t “intend to do it—that it was entirely accidental” — efor thin Mr. Ward haa made various and tery replies to the bystanders’ inquiries, To yaa he salu — don't sxe how the pistol went off." Again, “Gol only knows, gentlem#n, how this accident happened.” Api to another thst when the revolver went off, Mr, Shager had hola of it with bis band. Mr, Ward seenied to tuln this xuewhat cnntradie- . | idea a favorable one to him, and he endeavored to get othors to persuade Shader to adinit that when the pistol went otf ho had hold of it, Ward told Mr. Fansbaw that «uci an admis, sion would bea great help to bim, and solicited Mr. ran: shaw to aid bin in persuading Shader to make alten an ad- " mission, ‘The effort to procure an admission from Mr. Shaler that it was accidental was persisent; but whiie It fully vrouzht out the maguauimity wud unsuspecting mature of the suifering man {t utterly failed in its object, ‘To an inquiry Mr. Shader by a re.ative of Mr. Waru’s—pressed in amid the roan wrung from the sufferings occasioned by the wound in its firat inuietion, asking Mr. Shader, Was tt uot neeiden- tal?” be replied, “I guess not.” To Mra. C. L. Ward, who askea the saine question the same day, aud songut a favora- ble anawer with a demonstration of great ailgton, he ro. scale ited, Mi Vurd, Harry went a ia” revolv and — deliberately after Mr. Shader had formally made hi under oath, the elfort was not given over. the parents of the unfortunate mai, on Sunday following the tnjury, Mra. Ward aynin pressed the inquiry whether be thon, jr. Ward meaut to shoot bim, and lisrevly waa, “Lhave made my statement and I forgive nim.” The wound was necessarily a fatal one. ‘The ball entered the body three and a half inches above the navel, and seven- eighthe of an inch to, the left of the centre pasgen through the colon, the stomach, the lower part of the right lobe of the liver, aod throngh the exghth rib, lodging in the muscles om sufferings were most Intense. Of the heroic fortitude with which Mr, Sunder endured the fering {tis not for me to speak, nor is it my purpose to call how nobly he illustrated in bie great misiortune the best virtues of our humanity; all these are already fully un- deratood and appreciatau, But f bave elmply enucavured to ive an impartial, and, as I heiteve, truturul, relation of the facts connected with the murder. The casg is a most unaccountable one. Mr. Ward is— ‘oung man, not far from Mr. Shader’s age (thirty-three) ; has had the advantages of a liberal education, and is in sue en- {o7ment of large wealth. | How, from go slight «mm sive-_f ¢ had any--he could have committed this crime ts beyond ¢ rumors that ‘uriah the de- and got » Even conjecture. He Isunder arrest, and there arial dronkenness sod parual insanity wi nce. However that may be, I bave been unabie to discover that Mr. Shader was in any respect in fanit, or did anything thas in the least detracts from ais mame among ua 1 would not mention the question of mebriey were It not that some have feared thal, away from home, Mr. Shader toay bave fallen away frorn’iis habits of sobriety, anv in We enjoyment of that peruictous hospitality which cominends to the hps of which is x0 destructive to manhood, ne may, in his good have yiclted and taken too freely of wine e occasion. Weare assured by Mr, Slacer, who would ai+ ways tell the truth, and when under the saadow of deata could not prevaricate. that he was not in the least intoai aud that he did wot suspect that Mr. Ward was. ‘Appended to this {s\tho inquisition or the Coroner's jury, ned by some of the best citizens of the borough of io da. "MY. Tidd, the wcting Coroner, lw an eider 1. the Presbyterian church, and ism orother, 1 velie townsman of that name. Mr. Mix ins retued mercha! a member of the Methoulst Episcopal church. F. J. Calktus {eo merchant and & member of the Bupust church. | Mr McCabe is a merchant and a member of the Episcop: eburch., Mr. Watts fs an ex-treasurer of the county. Mr. Frost 18 a deacon 3h the Presbyterian church, and au exten+ sive merchant and manufacturer. Sr. Mumphcy 18 ® ners chant, and the burgess of the burough of Towanda, Ao uy quisition by such men needs uo defence. THE STAMPING OF RENEWAL RECEIFTS. AGENCY OF THE Rs Labial Ale oh hah vom JOMPANY OF N@w KOcHEL! sets Maren 1S, 1871. To rar Epiror oF THE HBRALD:— To settle a mooted question regarding the stamp- ing of renewal recetpts on policies of insurance we this afternoon telegraphed to General Alfred Pleas- onton for something deflnite. This affects the unter> ests of every Insurance company tn the lund, The following is General P’leasonton’s answer, ‘which seities the question:— 0 GroxGe R. CRAWFORD, Secretary Westchester Fire Tn rance Company, New York :— Sin—A renewal receipt to. continue a policy of insurance, before its expiration, dues not require & revenue stanip, Respecttui'y, A. PLEASUNTON, Comiplasiooer. As the New YORK H®4aLb has the largest clroula tion we send this to you. Respectiuliy yours, H.W. BRAND, Superintendent of Awenciea,