The New York Herald Newspaper, May 3, 1871, Page 4

4 = PUTNAM HOMICIDE, Official Unvestigation by the Coroner. Foster Fully Identified as tho Murdersr—Intense Excitement at the Hearing—The Verdict His Indictment by the Grand Jury— Justice Moving Rapidly—Sosnes and Incidents—The Conductor aud Driver Held as Witneszes. —— Rarely has the community been so fully aroused as it is now at tne dastardly tragedy of Wednesday Right last, that sent an esteemed citizen before his Goa and left a widow ana orphan to cry for ven+ @eance upon the head of the murderer. In that cry Ali good citizens joined, knowing well that while as- fassins like William Foster are at large no man’s life is secure, no mother or matien safe from the bratal Andignities of ine rabble, who seek them in public uptaces witn heilish designs, ‘Ihe vox nopulé has “galied alond for justice, and, from. present appear- ‘ances, the murderer of Avery D. Putnam will bave speedy ard fair trial, and expiaie his crime as the ‘wisdom of the Cvarts may direct. Justice, like lightning, ever should appear ‘To tew men’s ruin; but to ali men’s rear, and from the rapidity with which the officers of the Jaw have acted in this last frightful horror the unfortunate offender, William Foster, will bave oc casion to appreciate this declaration, Ere the remains of the murdered merchant nad been committed to mother earih the Coroner's jury solemnly deciared that Foster committed the cow: prdly act, and the Grand Jury, which for once ex- ploded the idea that “heavy bodies move slowly,” Drought in an indictment against him for murder, and he was committed to the Tombs to await the action of the Court of Oyer and Termtner at the pre- Bentterm. It is said that the piea of insanity will be offered as an excuse for the deed; but this will | acarcely avail him anything. Yesterday morning at ten o'clock Coroner Nelson W. Young opened the inquest at the City Hali, when the following jury responded to thelr names:—S, W. Baldwin, journalist, 162 Wost Forty-fourth street; Christian Blimm, misister, 102 Wost Fifty. third street; Daniel Springer, grocer, 920 Sixth ave- nue; John A. Briggs, grocer, 871 Sixth avenue; Ragene Seixas, stationer, 861 Sixth avenue; Peter Ward, hardware, 921 Sixth avenue; John Pincent, confectioner, 856 Sixth avenue; William Wenzel, druggist, 856 Siath avenue; J. B, Swett, grocer, 847 Sixth avenue; Phillip Fitzpatrick, builder, 842 Sixth avenue; Uharies Cunz, druggist, 851 Sixth avenue; Hugene Westerfeld, hardware, 853 Sixth avenue; DeWitt ©, Ward, grocer, 959 Sixth avenue. It may be mentioned, to show the interest taken in the case, taat one of the jurors, Who had been ex- cused from atieadiog; Appeared tis morning, and informed the Coroner that, feeling that nobody was safe in the Community whil) criminals like Foster stalked t eels, DO citizen should shirk his duty in the pres i he was Willing to serve, Owing to the fact that the ass iuauon was of the most wanton and ficudish description and THE EXTRAORDINARY AND UNUSUAL INTEREST taken In the c: by tne public, 1. Was expected that the inquest wou'd be attended by a great many peo- ple. Such proved to be the case, From an early ‘hour the Coroner’s ofiice commenced to ill with per- Bons anxious to Withess .ive proceedings, and et the wme the jury were sworn the partment wus filled to repletion. At half-past ten the prisouer Foster was brought in. He appears be @ man aged about thirty, He wore an air ‘Of serene whconcern, and was, in all other respects, i ge calm and collected as aiy person in the room. He is not at ail @ brutal-looking man, but, on the contrary, has an air of honest respectability, and | weither looks or acts the murderer. MRS. DUVAL, WOH BER DAUGHTER, j came in soon after aud took seats opposite the Te- reérs’ stand, District Attorney Fellows appeared for the prosecution, while ex-Judge Stuart was retained for the deience. It is said that ovher coun- | Bel are also to be engaged to assist in the defence. Fall the prelimiauriea had Leen arranged the vestigation proceed, QUE EVIDENCE, The first witness called w: Sworn, said:—I reside at No. 762 with Avery D. Putnam; isst im alive wt ball o'clock last Wednesday evening; It was about that tine was in bis company In a Broadway car going to ihe Of the Advent, in Forty-sixth strest; we entered. the car wt Eighth siroct, leaving my house with my da 3 down on the left band sic ci 762 way, Wao acl eaw hi i} up in the gz: Fpmarked I bad never seen tel place; ir. Putpam said she would have to go ww the to the door and looked out, remarkin, door was then closed; she. went to 1 her; saw the ariver' making faces throngu the door and sneering and langhing; jtist toon he called the attention of a Mao on his leit, who «, puting bis face to the window, mae faces at my daughter; I immediately passed my hand to her, wheu she said there were men on the platform ;Isaid to her, “Come this way ;” Immedintely the door was opened by the man who stood Ly the driver ana he made a poise with his mouth;I sald noth ng, but ciosed the door and my doughter remained im the seat; he opened it in; I eshut at; { was opened a third time; tunmediately Mr. otha rose and asked, “WHAT DOTS THIS MEAN!” He closed the door and eaid notuing; immediately the door was again slammed open, when Mr. Putnam asked, “What is the meaning of this? these ladies have the right here and i not be insulted ‘utnam stepped to the « Mr, Patoam backed into tht |d for a seal in thet nt 6: I crossed over near 3” Mr. Putnam answered, “Come and, g ‘to the conductor, said, “This man is disturbing us;" the conductor came up and told the man to sit down and be quiet; the man atiempied to sit down daughter, when I ivok ber and passed her to the other a What ie that to you? 1 was then ver tenes respon 'm her mother, aud you are Be sud, “Ab T ant fat down before Mr, e could ; took his hat ir. Putnam, “What is it your busine hat putport; Mr. Putnam loo«ed at kuown you ‘were in liquor I #ho anything to you; deceased folded his back upon the man, who feered, sacered and langhed, and Mr. Putnam took no notice of him, nor cuanged e then asked Mr. Putnam how far Le was cong W tnam did not answer; he then #ui as, how far are you going up?” deceased made no repiy; tue cian then got i his hat on bis head, looked st deceased, and up, ania, qi am foing 2s ‘on do, and when you off 1 will give you hell; he then went out on @ platform and took his osttion where he was originally; Ty until we came to ‘We did uot speak to ench other; eat qui the middie of the biock between For £ a Fe Sireets; the conductor was closing tue windows; 1 said, “Conductor. please atop at Forty-sixth street y” he did nob bear, and Mr. Putnam and I repeated ft torether; my daugh- terwent out to the rear first, fuilowed by Mir. Putnam, and T come next; we got off on the left hand side going oe Tbave Deen ill all 'the spring; as J got up the car furcasd, and ast started to go out ] saw aman running around the car; as] got to the door LSAW THE HOOK COMR DOWN ON MR. PUTNAM, who stood onthe ground with one foot on the step to take yy hand; the conductor at the time liad one band on the cord; a8 the man struck deceased J saw him fail; he Ttaink a plece of tron, strack him with something shining, on the left side of the head; fo t may haye been thie instrument; I saw a seo ond blow dealt ‘and heard the noise; Idon's tink I creamed; i saw the | conductor stand'ng unmoved; I exclaimed, “0, Mr, Pu Dam," aud stopped off the step; be feil just ike lend, dra ping on the wounded side; ) heard my Gaughter shrieking, and then I calied “Poitce 1” i think I thea h bell | ring, but I won't swear posttivel thes that ear!” it was instrament shown) KE A TnOvENT; way be came; the people took bis feet and I took he passed around the car the H began to collect; my littie gi | head and Iifted nim off the tre jewalk, but I did not | drug store; my daughter as sked what | could be done; some sald, “Lay nim on the floor,” Ire- | mained until he was taken in an anbul nee from the druz- | | gist's to the station house; there wa? e iady #itting bear my Gaughter, also a young boy anda looking like a working man ; there wi besides our party, To Assistant District Attorney car [saw the man on the lett of one with the driver} I conid again reo: here asked to walk around the room aud p the is nearsighiod, Pointing to the macie “That ia the man.” Tho murderer on being j trayed no emotion of auy kind | | an, and ® person | Mra. Duval resumed—That is the mau who offered inst to my daughter; I enw the face of the man who siruck the blow so distinctly as to enable ie to recognize ‘age! this man [have just identifed 1s tue one who struck the fatal blows, Samuel A. Roborg, M. D.. swor Twenty-seonnd precinct; Iw: ‘Wednesday ; I was called te tend at the station house ; d 3k room Of the station hou over each eye; be was eniferin, Rise ‘on she left side of the bead, two inches abot . found a rough wound wbout two aud a haf tncues long by three-quarters wide; I ve.ievod ‘THE WOUND BAD PENFTLATED THE BROLL; I ordered htin sent to fue hospital, which was done; ft was half-past ten when the atavalanor was sent for, and it m min:tes 1am surgeon of the duty on the night of ater ten o’clocic to at- from severe acenaed’ehat wore when attended by bin. Miss Mabel J. Duval,eworn—t veaide at No. 762 Broadway; was acquainted with ‘the decease P on Wednesday night in tue ‘utpam mother's evidence; when he said it was nearly up {n the garret—that street Mr. Putnam Soe gusty earth ry to havespoctacies; I looked was necessary Wo have spectacies; I looke pI i Moor” 1 dha bo, but | ‘out of the window; he sald, “Step to the « did not open it; saw # face leering at me through the I jooked up st the clock, aud remarked to mother that there were some very rude men on the platform; T looked the side window; the driver called the attention of ¢ door and made some not with his mouth at me; josed the door and pulled me Over to the other side; the man opened the door and ma closed it} it was opened three times, When Mr. Patoam asked what it meant, and aald+ho would close ft; Mr. Putnam went out and talked with the man, who made some remark about and then he (Putuam) backed {nto the car; the man put ler arm over or some such bter, air, and out the man to me; he opened imacif as much as he cau’ to Mr. Futoam, who did nat Feply, ou Pot talking you wil! sla in diese ond Cursed bis’ backs the wan thon took off bie aed, “Bay, how fai he then put 0 as far wi are you going up?" no | at, pened the door aud i reply was made Well, I w Fe YOU BFLL; |, and afer making this Fomark he went Sirect the car was stopped; I weut out Mr. General Theological Seminary, Know of this case, except that i store; I remained there about five miunte the occurreni hook Pe persons present | ¢ front platform; al Forty-stxth ss'ntopped T west out ara; Mr. Puan fame Boat, with one foot on the atrvet and one om the atev ; 1 waited for m: nd assteti off and one on tho raitiny wa man Punoing aroun car, and a moment later ® littering eyes and waits testh ter. fg artice fu hiv hand, looking like a bar of iron, which fell Upon Ls pone bead: ” b- 2 pris re eae 3 and right opposite a leceai Pound Bsok kat: thie one produced. fa the hat he wore: Mr. Putnam was then taken to the drag store juctor was on the rour platform with bis hand on tl ipa: eared “dumb strack,”* and Tam quite sure i be man who struck the blow ran back around the car the way became; di as taken to the police one stretoher. Ze Mr. they wei lattorm when we left the car; #a' iver; all the insults, £8, occur mreet and the Orlsey Hor the driver; I saw the = ae Tyg blowy who was with the driver (polutng t the accused); I swear that is the man who struck the blow ; the oar was not at all crowded; I recognize this man as the driver. Patrick Cunni agen Swotiet Teside on atrect, near seventh avenue; I am car driver on th way and Seventh avenue line; don't know whether I hi a regular car; drove car No, 44 on Wednesday evening, last j ween Twenty-cighth and Twenty-ninth streets 1 oo ack ; saw the young lady standing up in the car near the front door; aman named Foster, whom I never saw forethat night, was on the front platform with me; I thought the young lady ‘wanted to get off atthe front door; I did not call Foster’s attention to her; Foster got on near Fourteenth atrect and be had been talking to me; we were talking about Barry; I don't remember what he spoke of 31 looked round, saw the door opened and shut 3 did not see Mr. Putnam; don't know wh ; the second time it was opened by Foster; Putnam came out and asked Foster why he wanted to open that door; ILE (FOSTER) SAID 18 WAS PRIVILEGED | aid not hear Putnam's reply, but Inter he told him (Foster) he could go in and take a seat il Le wished to; Foster went in; Putaai sat with hishoad jurned away froin Foster, on right sive of the ear; I'did nut hear (he conversation in the Foster came out some time after that to the front plat- 4 Las ‘utnam) was io company the ho asked mo if bai hook} ho galt something about intending to fx him; don't recollect e words; it was that he would teach his place; HE SALD HE WOULD FIX THI8 MAN if he went above the depot; I told him we were not going above the depot; after getting to Forty-sixth street I gota bell signal to stop; Idid so; while looking over my right shoulder be got off the platform with the hook; 1 was looking over my right shouider; the hook was on the ieft of the brake; 1 did not know he was going to take the hook, nor did I see him take It. t on the left hand side I caught him by the coat, snying, “Don’t;" he respoaded, “You go to he!l,"and attempted to strike me with the hook; I remained ‘gu the plat.orm; the cqnductor waa on the rear platiorm ; about a minute or less c.apsed afterthe man took the hook before the bell rang for the car to go on; don't know who rang the be! but didn't; after the car bad moved half a block 1 saw the conductor on the platform; the hook was thrown upou the platiorm before the car started. (The book was here shown, but witness would not swear positively 1 was hia.) To Mr, Fellows—I did not remonatrate with Foster when he asked for the hook and said he would fix him; 1 GAVE NO NOTICE 10 MR. PUTNAM nor the conductor as tothe thre Foster told me he was working on the road; we were alone on the platform; I did not ring the peli to notify the conductor to coliect Foster's fare; did not see the conductor collect fare, Mr, Baldwin—{ did not koow where Foster lived, and did not give the police information. To Mr. Fellows—I did not hear Poster make any noises ‘with his mouth when he opened the door; I did not cali Fos- ter'a attention to Miss Duval, at least not as I remember; I swear positively I dif not speakto Foster about the ladies beiore Foster entered the car. TESTIMONY OF THE CONDUCTOR, Frederick K. Goldthwaiie, the conauctor, was then called, He gave his eviience with aren’ willingness. He testited No, 324 Delancey street, but venth street since I have been rk1u shirt house; am now a ron the Broadway Rafiroad lide; was on duty on Wednesday ‘night; there was no disturoance on ‘the car uctil we got above Twenty-elghth sireet, when I saw the door of the car open and shut; saw Mr, Putnam step out on front piatform: went forward and asked what was the trouble; “What is the matter !""I paid; the man on the platiorm sald he wanted to eit down; (oj bim te doo; went in and sat in right hand er; Mir. Putnam foliowed ant sat berlde him; can't be oattive about that: did not notice anything particular after Eoatexcept that the man weut out again tothe {rout plat. form ; the place where he got on the car (i square; I took his fare about Fourteenth street ; I stopped the car'at Forty-sixth street, in obedience to a algn from Ar. no conversation between the man men- tioned and Mr. Putnam; Mr. Putnam said something as he stepped off about ALLOWING DRUNKEN MEX TO RIDE on the cars; the prisoner went out at tho aame tlue; I heard @ noise, and, looking round, saw the man raise his’ band to trike Mr. Futnam; I never saw the prisoner betore, to the est of my know.edge; I could not ace what he strack the biow with ; did not Know that it wasa car hook; 1 calied the po!tce and jumped off the car when 1 saw the assault; I ran up the avenue some distance to sca which way the man ran; the car started off without me; I was then ou the pavement; had not to run over aix yards to catch up with the car; can't say who rang the bell to start the cer; I did not; there was one lady passenger in the car then; I said to the driver that I did not think it right to let the car go on APTER THE ACCIDENT HAPPENED; he saia he couldn't leave the car there as it would block the whole road, er something Ifke that; somebody jumped on the hal car then, pulled the bell and stopped it; another then fol- | lowed him; they went forward and examined the hook; the driver told them not to take the hook ; I then left; I made no report at the depot when we arrived there; I did afterwards go to che etation house and make a statementto the captain; T was only three days on the cars; it was my first expe- Hence, (Lhe ear book was here shown.) Itty ike the ear 00K. IDENTIFICATION OF THE PRISONER. To District Attorney Fellowa—I remember the man who was op the front platform ; he 1s there in the coraer (pointing | prisoner). Canningham recalled and examined by Coroner Youog—This 1s the ian who occapicd the platform (polating to the priaonec) and who took the hook, TESTIMONY OF THOMAS DOODY. Thomas Doody cxorn 1 live ia West Fort { was n Nineteenth atrect on Wednesday night and got ona re two ladies and goiug on; went +f heara a se from ve T went around to other side to see what the matter was; a man bad weapon in hisland; I got bold of him; he never spoxe; I held him to prevent him strik'ng the man that was down; got away rom me and ran; we both fell while I wa hold him; never saw the man before; went up to the dru ‘ore with the iadies and the wounded man; I don't think vid recognize the man who had the weapon he ran up Seventh avenue. To District Attorney Fellows—I can't say whether the Preayon was tron oF wood; it sppeared tome to be about two feet lon, George V. Martin was the next witness.-I am at the bat: live outeide of it; T only saw Mr. Putnam ia the dri know nothin, otiied Mrs, Putnam the following morning; Tam uot acquainted with any of the parties. TPSTIMONY OF OFFICER DAVIS. Officer Join Davia, Twenty-second precinct poilee, far ea the sworn—I am a patrolman; was on duty on Wednesday night; was sent o'elos by the captain, in citizen's ciothes, at eleven ; 10 arrest ® man who had beat another with a car ; the driver came in before I left; I asked him about the man who c mmitted the assault him and never saw him before;’ the driver was locked uj after that; the captain went to see the driver after, an when he came back, tion that the man who did the deed was Foster; then went to the depot; found out that Foster lived at 802'West Twenty- fourth street; went back then both then went for Foster; the name in the Directory ; Wwe urrested lim a little after two o'clock ; he was SITZING IN A CMATR ASLEEP IN HI8 OWN HOUST; when I arrested Lim I told nim I wanted him to station house; be wanted to remain until moroing; asked his wile for @ towel; om the way over he asked sure you have the right man?” he asked this twice; no reply; he aaid, “T'gm & square man; 1 would squeai on no one; I would take ten years frst ; I was there and know who dig it, but T WON'T 8QUBAL ;” Thad not then referred to the case at all; we stood on cor- ner of ‘Twenty-fourth street waiting for a car; at Forty-sev- eutb sirect he again sald he would ‘not equeal; 1 wtked who bit the man with the hook and he made no answer; in the house of Foster we fonod him asleep; 1 took bim to court that morning; on the wey he asked If we thought it was any way bad and one of us said he didn't know ; ho said the man brougat it on Limseis, ag he want out on tke piatiorm and wanted to fight him, and that Putnam raised his hand we if going to sirike him T'said, “I suppose you though? you woud get the iret crack st him;” he made no repiy; 1 had no other conversa- vo1 with kim thon; in the afternoon, rewrning from the e asked we how Patuam's eyes looted; I told him wey.to court 1 told Lim that Thad d got another oflicer; we natn rd of i} sle would De ‘ikely to get in the y way; Captain Kidalea and I conironted P ster and ningham with Putnai, who idestited them: wien Fos- around the foot of the bed Mr, Putnam said, de you open the door?” Kiliaiea asked bim if he noon Foser anawor was, “Not before last 4; the captain then asked if it was Foster who struck and he (Putnam) replied, “It was.”, OAPTAIN KILLALRBA'S TASTIMONY, t Was near Union | gentiernan in the car; | nid he did not know | told. me that be had given the informa- | re Of the charge to kis wife; Foster | ! | | i | i { { Captain Thomas Killasea sworo--I am captain of the | Twenty-second precinct police; about ten o'cloc nt ouwcer owen reported that @ maa » a drng store; I immediately seut a ake him tn; when the man was ought in J sent Bowen to arrest the driver; immediately Wedues- | been as- | id | Aver hi | there, with ine fron rod ai ; and of his malice Injury to 3 ft the’ reat mac nie ai oan avr as ae ol 7 a |, a was’ etherized ‘and a tuerongh xa; presses the day prev- angle, encrogehing below bene a he Inher and ower fey ih ebay creat] Gave Sy ates exoent below Tel aa ig were is out an TP) cara by ore ier the bone was commmlatied’ tant driven iin atterdine & a ty view of the brain beneath: the button of bone thus ‘cul was marked en bel Ww, and was broken Into mente on removing al! Vhe depressed bone the was found extensively lace- Fated; the paulent reacted well from the operation aid ex pressed himself as being much relieved; he continued to do ‘well unill the next morning, Avril 28, when he became deliri- ‘ous and incoherent, and towards evening passed into a semi. uy comatose which gradually deepened until ten minutes ty ‘hres the ‘following mornin ‘when he “dled ‘comatose t In my opiuion death caused OF ote. meningitis depen- cture of the skull, with laceration dent upon the depressed of tho brain . Coroner Young then announced that this closed the evi- drace, and he jury retired to deliberate yn their verdict, ¢ witnesses have been turned over to the District Attorney, and ail bave been discharged with the exception of Conductor Cunning! driver, who were held as THE VERDICT OF THR JURY. After being out ten minutes the jury came in and rendered the following verdici:— “«Wo dnd that Avery D. Putnam came to his death from acute leben fracture of the skuil and laceration of the brain, caused by a blow or blows indicted on the head with a heavy fron car hook, in the hands of Wiiliam Foster, on the corner of Broadway and Forty-sixth street, on she uizt of Wednesday, the 28th of April, 19/1." fn answer to questions Foster stated:—“My name ts Wil- ed thirty-three years, born in New York, re- East Twenty-fourth street, mason by occu- of counsel I at predent have nothing 10 say, except t m not guilty." EXCITEMENT IN THE ROOM. While the jury was out delberating there was in. tense excitement among the curlous crowd who had been standing without the building ali day and who now rolled in like a violent wave and filled every nook and corner of the examination room, notwith- standing the police exercised all their muscle to keep them back. In the din of voices could be heard the words ‘Where is the rufan}’ “He ought to be lynched.’’ When the verdict had been recorded the prisoner was handcutfed by Captain Kiliatea’s officers and conducted to the Tombs, under escort of the several hundred curious spec- SWIFT JUSTICR—AN INDICTMENT FOUND. While these scenes were being witnessed at the Coroner’s ofiice the Grand Jury Was in session near by and had the witnesses before them and before the Coroner's verdict had beou rendered preseated the following INDICTMENT OF FOSTER: — City and County of New York. SS:-~ ‘Tho jurors of the people of the State of New York, in and for the body of the oly and county of New Yours, upon their outh, present :— That Willlam Fostor, late of the Twenty-aecond ward of the city of New York, in the county of New York aforesuld, laborer, nothaving the fear of God before bis eyes, but deing moved and seduced by the instigation of the devil, on the 4h day of April, inthe year of our Lord 18/1, at the ward, elty and county atoresaid, with force aud arma, in and and upon one Avery D. Putnam, in the peace of God and of the poople of the State of New York, tien and there being, wilfully, felonfously and of his malice sforethought, di make an asault. ‘And that he, the sald William Foster, with a certain rod, commonly called a dar hook, of the value of one dollar, which he, the said Wililam Foster, m bie right hand, thon and there bad and held the sald Avery D. Putoam, in and upon the head of him the said Avery D. Putnam, then and there wiltully, felontously, and of his maiice aforethonght, did strike, cut, penetrate, and wound, giving unto him the said Avery D. Putnam, then and there, with the fron rod, commouly called a car hook aforesaid, in. and upon the bea of him the sald Avery D. Putnam, oné mortal wound, of the breadth of three inches and of the depth of three inches, of which said mortal wound he the said Avery 'D. Pulnam, at the ward, city and county aforesaid, from the ‘sald 26th day of April in the year aforesaid, uatil the Qyth day of April in the same year aforesaid, did langu!: ‘and languishing did live, and on which sald 29h day of April J the year aforesaid, the anid Avery D. Putnatny at the Ward, city and county’ aforesaid, of the said mortal wound fe. ‘Aud go the jurors aforesaid, upon thetr-oath atoresa{t, do Say that he the wald William ‘Foster, nim the ‘bald Avery D. Putnam, in the manner and form, and by the means afore said, at the ward,city and county aforesaid,on the day and the year aforesaid, wilfully, feloniously ant of bla maiice aforo- thought, did kill and murder, against the form of tho statute in such case made and provided, and against the peace of ihe people of the State of New York amd their dijmnity. ‘And the jurors aforeaatd, upon thotr oath aforesatd, do further present:— ‘That William Foster, late of the Twenty-second ward, of the city of New, Yoris, in the connty of New York, aforesaid, laborer, not having the fear of God before his eyes, but belug moved and seduced by the Insiigation of the devil, on the 26th day of April in the year of cur Lond 187), at the ward, city ‘and county ‘aforesaid, with foree and arms, in and upon dne Avery D. Putoam, inthe peace of God and of the people of the State of New ‘york, then and there betnc, wilfully, felo- niously and of his malce aforethought, did make an assault, ‘And that’he, the anid Walliam Foster, with » ceriatn iron yod, of the valie of ong dollar, wich ‘he, the sald Willan Foster, in hua right hand, then and there had aod held the Avery D. Putuam, {n and upon the head of htm tbe sald D. Putaam, then and there wilfully, feioniously aud malice atorethought, did str:ke, cut, penetrate and iving unto him the said Avery D. Pitnam, then and resaid, in aud tipon the head of of bi wound, him the said Avery 1}, Putnam, one mortal wound, of the breadth of three inches and of ‘the depth of three fuches, of which sa‘d mortal wound he the said Avery D, Putnam, at the ward, city and county af from the said 26th day of April in the year aforesaid, ¢ 2th day of Apni in the sume year aforesaid, did ‘langaish, and lmnguishing did live, and on which auld 39th day o: Aprii im the year atore- aid, the waid Avery D. Putnam, at tae ward, clty'and county for of the said mortal wound did die, And £0 “he aforesaid, upon their oath aforesaid, do say that he, the aaid William Foster, him, the said Avery D. Putnam, in the manner and form, and by the means afore- said, at the ward, city and county aforesaid, on the day and the year aforesaid, wilfully, felonious, aforethought, did kil and murder, statute in such case made and pro and agaiust the — of the people of the State of New York and their ign sere aforesaid, upon their oath aforesaid, do nd the further ‘That Wiliam Foster, late of the Twenty-second ward of the city of New York. in the county of New York aforesaid, laborer, not having the ‘eer of God vefare his eyes, but beta mored and seduced by te jastization of the devil, on the 25th day of April, in the year of our Lord 1871, at the ward, city and county aforesaid, with force and ‘raw, in and upon one Avery D. Puinam, in’ the peace of Goi and of the people of the State of New’ York, then and there betng, wilfuily, felo- ntousiy .and of his malice aforethought, did’ make an as- aault. d that he, the sald Willlam Foster, with a certain fron car hook, of the value ot one dollar, which he, the said Wil- liam Foster, in his right hand, then’ and there had and held the said Avery D. Putnam, in and upon the head of him the anid Avery D, Putnam, then and there wilfully, felon‘ousl ‘orethought, did strike, cut, penetrate an: wound, giving unto him the sald Avery D. Putnam, then and there, with the car hook aforesaid, in and upon the head of very D. Vutnam, gne mortal wound, of the depth of three inches, of which said mortal wound he the said Avery D, Putnam, at the ward, city and county aforesaid, froma the guia 2th’ day April, n che year aforesaid, mmntil the 29th day of Apri, m the same year aforesaid, did languish, and languishing’ did live, and on which sald Qyth day.o April, in the year aforesaid, the exid Avery D, Putnam, at the city and county aforesaid, of the said mortal wound uid ic. And ao the Jarors aforesaid, upon their oath aforesald, do ey that he the said William Foster, him the said Avery D. Putnam, in the manner and form and by the means alore- aid, at the city ant county aforeanid, on the day and the year aforesaid, wilfully, fefoniously and of bis malice afore- tought, did kill and murder, against the form of the statute in such case made and provi nd against the peace of the people ot State of New York and their dignity. SAMUEL B. GARVIN, District Attorney. The Dengai Defence. To THE Eprror oF TUR HERALD During the haif century ana upwards that I have exercised the vocation of an apothecary in this city Ihave ministered to hundreds of wounded persons who have been brought | int&my store for relief, and have never, till now, been ac- a e departure of Bowen the driver ca oe in with the © hook; be said he was the driver of tne car; I asked him it he knew Ja “No, bat the hook was y whom L' do not kaow,”' he said it was throwa back on the car, and then he in d me the hook, saying that it was the one used; be jeviared . HP DID NOT KNOW THE PARTY wit 1 enid £ would boid him as principal, as I one cowd take th way tiniess he wanted to give it to Lintimated viet he knew the party; Lasked how it came that he waa talking to the man on the platform? he sail, when he got on the eur he panened me, and I sai, hallo, Joun}” I then took him up to the desk; h’a pedi- reo wns then taken and he was locked up; ten migutes after to his cel and tojd him ne bad better veil me who the Was; he replied, OF didu’t know him: T think bi stor on the road, named Joster;" he gave me a de- I sent’ Davis to the depot to find ont USED IT} and tion, | where be lived and arrest hini; at twenty minutes past three A. M. he brought Foster to the station house; I sent Davis to the court with @ request for the Judge to remand him to the station house, fo aa to take hii to the hospital for identifica’ ton ; he was a0 remanded, and at forty-Ave mjnuies eleven on Thureday morning { took him tothe ndspital ; MR. POTNAM FULLY IDENTIFIED HIS J seked lim if ue could Jaentify the man woo ageantted him : he sald Le could; first took the driver tp, and he sald he was ot the man; thea took Foster up, when be exclainied, “That 6 the man, ; ‘To a juror In the frat instance the driver declared he aid not know who the murderer was; kubsequentiy he said bis name was Foster, Here the evidence of Mrs. Ellen Putnam, published in yeu terday's 1PRAt.D, was read to the jury, as also the aute-mor- tem stelement of deceasod, MEDIOAL, TROTIMONY. P. T, Marsh, M. D., being duly sworn, say’ loapiial, April 27 1871, assisted by D Leiferis, eleven hours after death, { mad amination of the body of tae inte Avery D, 1 amining the body externally there found Inge foalp wound an inch and a half long. altunted over t an At Bt. Luke's jont-mort ‘utoan ma ex- on ex- Parietal bone, anteriorly and futertorly; pus and dowe-brain substance were fond po the edges of the wound; there was « ida of bot ey algo an abra- fion an inch long and half an inch wide o ot outer autity ¢ right mi ry ing at the scalp a large qui :f 134 asated blood was found, covering nearly ipe ntire lest partetal bone; the temporal thucles’ of. that aide Was contrsed and Incerated in the immediate victuity of tue wound and intl was found a nearly circular opéniug, with ragged #4, Snches 10 diam’ olving the aiiterior wud inf tions of the left p poral bones, thi stan exuded ; iu e sech in the dura jon removing the'cairanium there was found a raggod fn dlameter in that part of tho dur £ (9 the opening in the akuli; around the open- ing for sume thréd inches the durs mater was congested and of a greenish color; on removing the dura mater tho linge ‘rurface wab ‘iined with pus; @ layer of us also covered both hemispheres of the brain, more y marked ovér the nv.¢itor lol es tn the longitudinal ked th for | to the longitudinal ‘on tue wnlerlor Jobe of the {ess BN 4 a corre- ynding to the opening in the skull, the brala janice was d nod nffteate: pus to the depsh of en inoh ; the 6 enlarged, and at pome points there was about half an wo wity ry Mot think any ; Vandewayer and | rated with pus; on examining the skull there j | cused of indifference, much less of “brutality.”. The charge of {inhumanity under circumstances which might soften the heart of a savage I had supposed that I might leave to own refutation ; but the persistent repetition in several news- f Inacchrate and injurious statements with regard to fortunate Mr, Putuam has convinced was en. I bog leaves therefore, to give you brie? but exact statement of the facis as they occurred, and to request thut you will do us the justice to make the proper correction. On Wednesday evening at about half-past nine o'clock, as my son (whos also my pariner) was standing i the door- way of the store, he was startied by a succession of piercing screams. In company with a young man named Brown, ® ormer employe of ours, he rap at once {n the direction of the sound, and, on arriving at the scene of the outrage, fonnd the body of Mr. Putuam prostrate upon the rafiroa track and the two indies beside him, frantic with grief and horror, Instantly obtaining the assistance of some men from the neighboring stable ot Mr, Leadbetter, sd at Ouce into our store, Dr. Wood, enth street, coming ia while he was eramined the injured man and pronoupced A policeman was immediately sent for a stretcher, which soon arrived, and the patjént was conveyed nd thence to St. Luke's Hospital. ‘Tho statemeut that tne ladies catried or dragged Mr. Put- the sidewalk is fncorrect. That they pleaded in vain eitet ts equavly go. ‘That they a for @ pillow and were refu it it be ° {pet, was frat made known to my ¢on throygh t] pera of the next morn- ing, The fa 1 tho Other band, that every pousible effort ‘was mad Follet oan be éstabished by twe testimony Of several Most respectabie citizens, who were present during the whole seers. 1% je wi them Ijake leave to mention the fet, No. 181 West, Pasty fourth e No. 668 Seventh avenue; Mr. Jain ’ Serenih avenue, before whose door the discrepancies should exist between the state- ments of tho ladies and that which I Lave given above la not at ll surprising to any one who was present at the time, They Were abachulely wild with fright ana excitement, ‘The store was crowded with persons who had been attracted by the ee, and In the confusion, which reigned supreme, was quite as Miely'to address herselt to a siranger a8 to my son, who, 1a {nck being entirely absorbed ice to the sufferer, was, perhaps, in the attempt to be of service the least prominent personage in the piace. In conclusion, permit me to say that the charges of neglect, &c., which have been made pgainst the police are inded, Very respectfully, |. T. KIERSTED, of Kiersted 16d a New Yous, May, loi nes 4 Rom HOM Broadway WHAT THE PEOPLE SAY. The following are oniy a few of the lettera re- ceived by the HERALD commenting upon the murder, and they are given as an index ot the sentiments of 4n alarmed community:— Street Car Thieving To rae Epiton or THe HeRaLy;— S81R--I lose no time in forwarding my individual support of the sentiments eroressed in your editoria! this morning. nd Murder. jt ” every reason to believe that travel through the lary tn the sirvet cars—Mis baxardoys and full ‘ot perk at tao pam ‘a8 you state, Save passengers from either insult or fi of theft, even though be assured fare pickpockets or. other kind “drunken men, well known joafers permitted to travel” in cara, but T have to know that they are defenied by the conductors; still worse, I have reason to more than suspect that occasion: ally the conductors themselves are profexst ‘pockets: and thieves, The in point ing of the tohim, “Those persons are pickpockets and should be put out out of the car.” The conductor replied that they were allright. A moment later the three persons in queation came ous of the car to the rear platform just as I mounted it from the street. The gentleman who had sus- them at the same moment baving stepped inside the oor, though till watching ther, saw one of the gang remove By m my pocket and pas; itto a confederate. The fact was at once proc! }, the thie! seized and he is now in prison awaiting bis trial, @ starting part of this story, however, remains to be told. Since this ca'prit was lodged in prison I have been credibly informed that he had served a term of four or i years ison of the State for a similar crime; thal after leaving the prison he had been employed tn sone. time as conductor on ode of our street cars, and that been discharged or Tealyned, or possibly aitaply off du Foster, had returned, to bis former occupation, plokin; jockets. Let us reflect for a moment upon the idea o fhe presence of a akliled pickpoeket in one of our crowded atreet cars as the ‘conductor! Well may you say “are not agsaults, insults, outrages and robberies suMeiently namerous on our sireet cara to justify the public io. Oy erty vo know something of the character of the men who argo of these public vehicles—who they are and what they were.” If the conductors of the cars, whom passen, expect to depend upon for protection, are to be expert thieves, let us know it at once, that we may leave our valuables at home, If they are to favor disov behaviour, blackguardism and sssassination, inatead of stopping the car and calling the po- lice to maintain security, the sooner it is publicly known the bevter, e may either keep our families at home or adequately arm ourselves for their protection and go with them 1n their journeys in our street cars. Tam rejoiced that you have taken up the ventilation of this arest crying—motre tan seandal, and for once am glad ‘vo furnish you information to work upon, Iam happy not to be enrolled among those sneaks who would give a hundred or more dollars to get his watch back, and deoline to appear againat the criminal; or who would not obey a subpana to bear witness against'a pickpocket for fear that he might be, in the slang of the fraternity, “spotted.” Go on, and every citizen worthy of the name will sustain Ou, Y'STEPHEN ROGERS, M, D,, 249 West Forty-second st, SUNDAY, April 30, 1871. a Atter Foster’s Counsel, =~ Nzw York, May 1, 1371, To Tne Epitor oF THR HenaD:— Your editortalia this morning’s HRRALD on the “Street Car Murder” is admirable, aud every good, law-abiding citizen wiil not only endorse such sentiments, but ought to assist in carrying them out. Your subscriber will fight quicker protecting alady from insults than for any otver cause, andhad I been placed in Mr. Putnam’s position I should bave ~expected an attack from that cowardly ruMan, | Foster, and beon on the alert and dealt bim Ais just desorts, on tho spot. Puv_as he escaped unbuit, and a kind Providence assisted in is arrest, the public demand a speedy trial and conviction, andan example made of him, by hanging on Friday next, ‘This action on the part of the proper -autuorities would meet with approval from all good citizens; but euch promptness, I took much toexpect, The driver of the car, Conning- ham, mitch to blameias Foster, as he attracted his a tention to Miss Duval, and in all probablity, bad he not don 80, this burning disgrace to the city might not have occurred, and Mr. Putnam would have bech alive to-iay. This man, Cunningiam, should be, sentenced to imprisonment tor life, which is too good for him, TUnderstand a criminal lawyer has been employed to de- fend Foster. How ho can possibly put in any pica of defence {s beyond my comprehension. Allhe can do isto plead for mercy, aud this he ought to be ashamed to do, His remarks in his defence will be closely scrutin'zed by the public, and for his own reputation he ought to be cautious. Tecan see no defence that might be offered worthy the consideration of © Judgeor jury. Insanity in this case would be fruitiess, A few ‘more such editorials a8 appearel this morning on the aubject will have a good effect on those whe would dare to interfere in justico being done, The Nathan and Rogers muraers are too fresh in the memory of our cit!- zens, and they demand protection ; and {/ not given them tbe; will sooner oF later take steps to protect themselves. wick disposition of Foster will go far to quiet the present fesling among our citizens. AN OLD SUBSCRIBER, Judge Lynch Appealed to. New York, May}, 1871. To THE EpITOR OF THE HERALD:— On perusing your well-timed remarks in yesterday's Hzeap relative to the murder of a respected and useful citizen by one of the vagabond and degraded attaches of the Seventl Avenue Railroad (of which they have plenty in their employ in various capacities), the query arose with me, “Why thia should not be made a test case in a lezal point of view 2” and if possibig, establish the tact and hoid these soulless corporations responaib.e for the lives of our cit!- zeua When they enter their filthy and disease-strickea hyena cribs, which for conventence they call cara, 1 cannot see why they sould not be held itable for injuries received by a traveller while in transit in a case of thie kind as much #0 a8 if by accident, occasioned by neglizeuce on the part of a awitcl: tender or, engineer, For instanc traveller gets oa board a Hudson River Railroad ‘The engineer puts on steam and away goes the train lightning speed. He nears an obstruction on the track, but makes no effort to check his train, which ne could have done, but dashes on to the obstruction and lives are sacriiced, Equity, law and justice should hang that engineer and hold that road in heavy damages for those killed and wounded, The murder of Mr. Putnam fe still worse, for in this case, the murderer was aided and abetted by an empiose of the road, the driver, and equally so by the conductor, who le Do effort to res'rain the murderer irom committing the deed when it was within bis power. If there is no protection to our people any more the only alternative left is for every man to arm himself and take the law 1n h's own bands, and shoot these vagabonds down ike dogs. The time te not far distant when Judge Lynch must reign supreme in New York {C something {9 not done to suppress lawicsoness, here 15 not much doubt in the minds of the majority of the people of New York today but this Foster will be wigg’ed out of this Mitte affair, and {na short time will be an aspirant for pol!- tical honors, Ithink I could prophesy the resuit of his case did I know the ward in this ofty that ciaims him. However, we will-wait and see the political influence that will be brought to bear to get htm clear. = STH AVENUE TRAVELLER. Police Non-Protectiou. To THE Epitor ofr THE HERALD :— : ‘It must be evident to every citizen who has reflected on the subject that our police, both in numbers and organization, is altogether inadequate to the protection of life and property inthis metropolis. Murders, assaults, burgiaries and out- rages of every description are committed without the offender being arrested or the injured party receiving proper pro- tection. I would ask what citizen is not Habieto meet the same fate as befel Mr, Putuam? Whens man has ladies ‘under bis care it is his daty to protect them from insult, and in doing 80 he should be aided by the police, if necessary, and not hazard bis iifein the attempt. All governments are in- stituted for the protection of life, liberty and property; and when they fail todo this they tall short of the: pete When a robbery ia committed in this city who looks for the arrest of the thief Milifons are stolen without an arrest being made. As the owner of tty in various parts of this city I have suffered both by burziars and incendiaries to @ considerable exvent, but the police has been of no avail, 0 trath his—if we regard life or property we mat have an entire'y new system of police, based upon that of Paris or London and fully competent to extend ite ahielt of py tection over every citizen. MANHATT, z ~ MAY 1, 1571, Tho Vicissitudos of a Pretry Wife. New Yours, April 30, 1871. To THe Epiror oF THR HeRaup:— As £0 much {s now written on the subject of the street car outrages I should ifke to cail attention to the Broadway stages, which to my knowledge are more than a hundred times worso than the cars. It a lady has any claims to beauty she cannot ride alone in one of the Broadway stages without the grossest insults, not alone from those we would call loafers, but from well dressed gam- blers, hoary headed and apparently respectable men, who will stand on the sidewalks, and seeing a lady in a stage that he chooses to fnsu't, Ne alopa the nd seats himse:f by her side or !n an opposite seat, an ir rant m your lady readers know the balance, And they are compelled to do what they consider would disgrace them. or leave the ataze. And if they leave the stage they aro fol- lowed by the aamé scoundrel, and can only callon a police- man, which ninety-nine out of one hundred will suriak from 0 thin by authority, My wife is beautl- I think so; but every one else ‘ays 60, I know ft; and 1 learn all O! these facts from her. Still Be ine will insult ber tn my T admit J don’t took Hike aman to be trifed ited, Thave aowetimes become so cnr er. bi ter complaints of her insulta when ai a od from might take satisfaction out of the first coward—they ate all cowards—that should inauit her. But no; she ts afraid I Would get into dificulty, perhaps get bust or arrested, for injury 10 some one cleo, would here remark that I have for many years carried a my ord revolver, but have never had occasion tw take it from cket, Iam no writer. I never before addressed 0a newspaper Buvlio, bat is @ atthject- in sults to rec: es in the Broadway stages ~ 1 Sate the car question that the la:ter becol mee @ merg nothing. ES Ga rat whose presence alone, if the, these cowardiy scoundrels; but with @ stage it’ is entirely different. Sometimes the lady and the entor may be 8 in the stage, or perhaps with others quite as helptons, I did not consider it unit for pnbileation I shonid ike to particularizg some of modes of insult, but I am Writing so mach I fear you will not publish it, Respectable gentiomen.—riders in Brondway stages who Will never imsuit a Indy--T oall on you to Fendet agalsianco to any lady you may sve insulted, Don's wait for her to call for! ali, for who wily ninety-nine tlmes out of a hundred, shrink from it; but knock the aggressor down at onec; he ‘will maxe no resiétence J ossure you. They are all, ards, No matter how venerable they look or how respect. able and well dressed, they are cowards, and {tle the duty of fhe community to pudish them for thelr villanous, cowardly inaulte to our wives ro. YOUR READER AND ADVERTISER OF TWENTY cars there are always the conductor and driver, will ronder no aid, will veter WHAT'S IN A NAME? - Rebel at Essex Market Police Court. A young urchin, about ten years of age, was arraigned be- fore Judge Ledwith, at Essex Market, yesterday moraing, tor throwing stones at windows in Grand street, “What is your name f” sald the Judge. fferson Davis; sir,” answered the boy, A Geanias The voy was coumaitied for pramination. In the afveroon the mother appeared and wanted to got her adn out. “what ig bis name?” aatd the Judge. «Jetierabn Davia Stonewall Jackson.” Tnige— Why, he must be a rebel, x 1; aia father ie a rebol and ho ain't good for ie hasa’t anything cise but talking about Southern rights, Supported me or my children tn ten mouths. tae ee ‘ther—Tn Can wry 5 dud Well, take the boy away with you, and take better are of bita in tulure. THE COURTS. A Case of False Bond—More Lottery Troublee— Alleged Violation of a Contract—Perils of Tenement House Life—The Adams Ex- UNITED STATES COMMISSIONERS’ COAT. A Case of False Bond. Before Commissioner Shields. The Onited ae sete Fas te defendant in this case was arrested on a warrant. for bavi fale fond in bts posseasion, aud was bald (0 Daj i wo More Lottery Troubles. The United States ve. Antonio Peyser—The defendant is charged with carrying 00 the business of a lottery withort paying the spectal tax required for, Basled 1n'§1,00) to Smuggling on Board the Steamer City of Mexico. Patrick Colbert, a fireman on board the above named ateamer, was yesterday arrested, charged with smuggling a quantity of cigars into this port from Havana. He was Hi brought before the Commissioner, who pe let ‘who held bim in $1,000 for SUPREME COURT—TRIAL TERM—PART 2, Heavy Penalty for Alleged Violation of Con- Brant, Gustivus C. Kirchman v». Charles Lediard und Win, J. Keem This was a suit for recovery on alleged violation of contract, and has been tried ones before. The piatatiff ‘san inventor of artificial lege and arms, and contracted with the defend- ants to give them the invention and §60,000 in atock of a new company to be formed, with a capital Of %250,000, upon cer- tain conditions, which conditions, :t 1s alleged, were hot ful: fii was brought and n'verdiet given for the pla: Ud for $79,000. On account of some techiiicallty this verdict ‘was set aside and a new trial ordered, which was finished yesterday, and resulted im a verdict of 983,W0 for the pinin- SUPERIOR COURT—TRIAL TERM—PART |. Importance of Promptly Presenting Checis on Getting Thom Certified. Before Judge Jones, ‘i E. Shuster Smith eat. v-. Abram D, A. Miller eta?.-—The de- fendant gave the plaintiff a draft for $8,000, drawn on 8. K. Place, and received payment on the same in a check, ich chock was not certiiel. Before the check was pre: nted for payment the givers of it failed, and hence this sult to recover the amount of the check. Considerable testi- mony was takeny when the Court ordered a verdict for the defendants, SUPERIOR COURT—TRIAL TERM—PART 2. Perils of Tenement Honse Life. Moses Roche, Try by Moses Roche, his guardian, ad litem, o% Henvy Hert, and Louisa, his wie.—The defendants own and partly occupy @ tenement house in avenue 3, The plaintiff and his family occupied in Octoper last apartmonis in the enme house, Mrs. Hert lert a boiler of hot water at the foot of a flight of stairs, -which sho was using in cleansing the halls, and in her absence Moses Roche, Jr., a boy eluht years Qld; aa the complaiut avers, fell Iuto thy water, and was badly scalded. Upon this a suit for $5,000 damages was brought. The defence was that the boy kicked over the boiler and Bc batt eee a large number of ahueee Were examined, and: the tes wi ' Verdict for the defendaut. 788 Very condlcting. An Abduction Charge that was Not Quite Sustained. William Henderaon or, Dennis Muhoney.—The defendant was captain of the ship Kate Atchoson, and tho plainti® shipped as sailor on the vessel for erzbt dollara a month. The ‘vessel went ashore on the coast of Scotland, and Henderson shipped on another vessel hound for South America. An effort was made to prove abduction of the pia‘ntiff, who was @ minor at the time, and damages laid at . The evi- dence showed that'the defendant obtained the plaintiff's parents’ consent before taking him on board, and a verdict for the plaintitl for twenty-tive dollars was the extent of com- pensation allowed, SUPREME COURT—CHAMBERS. Decisions, By Judge Ingrauam. Inthe Mutter of Henry W. Gear.—Order granted, Feldman ve, Buse,—Memoranda, Hice: et «/,—Motion granted, with ten dollars ave to serve an answer in teu days, on payinent Coton ha’, os, Lowe ot vl ANiowrance $250 granted. Gusts vs Serna Memornnda, 3 EGgare Os jer. —Motion gran! Tey oe Rhostithal Sarno. Tejtr eis Cohan of i/-—Same in both motions, Biorm ve, Herman.—Motion denied, Brova vs. Molloy.—Motion ted. ts, Racheter Water Wo ‘Same. Nesbit Wi . Peamen.—bame. Diwid vs. Strong. Bam’ ‘New Forks Oil Compa Sam ‘ve. Martin.—Same Rea ve. Stowe,—Same, Huskins vs, Ainennoa.-—Same. Tuyior er. Bouchy Jt. etal. —Samne, ‘heel’ wr, Bowrd. Same. Pict et of. Same, SUPERIOR COURT—SPECIAL TEAM. A Hasband Frostbitten nud Otherwise Coldly Treated, Before Judge McCunn. Robert Williams ve. Jovephine William’.—The parties were married seven years ago. The plaintiff, as he rays, was caught in a snow storm in the country about a year ago, and on account of being frostbitten had to remain in the house fix months, during Which time his wife left btm and took up her abode with Peter Gaibody. Upon this state of alleged facts a suit has been commenced for divo: wife with aduitery. On bebalf of the wil made for alimony and counsélfee, She says the p ‘an income of @year, He says be has not fifteen dol- lars tn the world. As ‘to the accusation of adultery, that is emphatically denied. The Court reserved ite decision. Decisions. Phompson vv. Burne.—Order granted. Dartin Same. Order granted by default; an order and proper tered. George H. Comstock vs John T. Conover et a’.—Order tee Morris Simone w. Frederick Reckerberg et al.—Same. The Delaware, Inckawanns and Western Ruilroud Company e. Henry E. Borns et al-—Same. Cevelai.d F. Dunderdale et al, vr. Oscar P. Earle.—Same. Mathew T. Cable ve. Lyman L. Jones, —Case settled, COURT OF COMMIN PLEAS—GENERAL TERM. The Adams Express Seven-Thirty Bonds Rob- bery. Before Chief Justice Daly and Judges Robinson and Larre- more, Witliom B. Dinsmore, Prectilent, Geer ve, William B. Dun- ein eta—This action was brought to recover damages for an alleged conversion of m certain note issued by the United States government known as a seven-thirty note. Upon the Florida Raoult Companym the Tt te complaint “except 863, this lonomination of Ly note was in the possession of the First Nati jank at New Albany, Indiana, On that day it was placed by the cashier of the bank in a pavxage with twelve other notes of alike denomination, and the contents of the package were endorsed by the cashier, ashe swore, onthe back of cach note, “Pay Secretary of the Treasury for redempiton. W. Mand, Cas. :” or “Pay Secretary of the Treasury for conver- sion. \W. Mann, Cas.” This puokage was seaicd, addressed Yo the wSegretary of the Treas shington, D, C.,” and defivered to Adams? Express Company, to be’ taken to its destination, These notes were issued by the government, payable to the order of ——:, thus conferring upon the dons fide holder authority to nomiinate the payee, Th's blank q7as not alled by the bank at any time. |The pac tion, together with fta contents, was stolen from. company at Meriield, Ind., on on the 28th of June, 168, the note in suit regular course of business for ita full val, L. Benas & Sona, bankers, of Liverpool, England. At the time of this purchase the note Lore no endorsement, nor any and ed inthe without notice, evidence of having ever been endorsed. When or by whom the writmg on the back was remo does not appear. The purchasera filled in the nai of the correspondents, the defendanta, the note to them in duo course, who # holders thereof. Platnttif's counsel olaf Toont was removed by chemical process, On the irial coun- tcl for the, respective partiea conceded that there was no question of fact for the Jury to pass upon, and the Jndge di- Fecved a veriigt for plaints for the sum of #1173 #8, sub- ject to the opinion of the General Term; and {n this shapo the case now comes before that tribu Mr. Seward Hried the case at length for the plaintiiy yesterday, and Mr. ie! Farland for the defendants, Decision reserved, SUPREME COURT—BENERAL TEAM, Decisions. Garrison ov. Torrey.—Sudgment afirmed by default. Murlem cals vw. Grundy. Same. Simplineky v*. Goldstein. —Same. Kelly ves Davideon.—Order dismissing appeal granted. Ritter man ve. Baldwin.—Appeal dismissed for want of re- “Biaith w. Dillon.—Same. COURT OF COMMON PLEAS—SPECIAL TEAM, Decisions, By Judge Loew. 1 Iasinee Mooenger and Depetch Com ike out certain allegations in the anawer ant The National Meckintee Banking Assoctrtion af New York ws. Extra allowance of granted, By Chief Justice Dai adfauier the Corn Bxchangg Insurance Company.—Findings Smith we. the Sol COURT OF GENERAL SES3IINB. Car Pocket Picking Case—A Lamber Merchaut rged with Larceny— ‘Prompt Acquittal of the Accused—Significant Romarks of the City Judges Upon the C plicity of Conductors with Pickpockets— OMicer Toomey Sentenced to the State Prison for Two Years~ihe Forgor Brockway Sent Up. Before Gunning 8. Bedford, City Judge. ‘This wltima thute of evil doers was crowded as usual yerter- day, Most Of the day was occupied in the trial of Covington 8. Westbrook, who was oharged with attempting to pick tho pocket of Henry Lax, upon a Third avenue car, near the City Hall Park, on the evenins of the 10th of April, The complainant swore positively that while standing on the roar Pa eae ac en ere eee SPSS ep edad £23, Se & % 3 ae —— frettorea, a 0 ips, com: Nome shared around tana qumpber, that he fo mae int Thilefn tno ot wi seing le pocketbook, wittch cone t A in ‘fnonoy and some checks; that thief ® jerk and jumped off the car, and that ‘while 4 confederate was endeavor ng to deter him from eee the thief he (ine Kpockely returned acd inlerte ‘an, was the perron who att u the friend of the complainant ef jump oif the ear, ri and he ran through the ear Bir, Tur, and ‘during an fered, whe thier. i T e is was the cas for the prosecution, and seemed to be eo acase of guilt that ‘ction’ must tab! wibut’the accused ‘went upon the slanted. eevee caiman het he immediately said, fou tee - il dowa. "ar. Winn aware positively er Linx was men in the rear of the car, Then the ‘drivers. ~ Patrick dy testified that,no person was ou the plat d* but he dia pk tee My ig affair, ferrt oO remat) i TEN ogg Pe i Rot see an counting » devendant was Sworn, anda large number of reputable morohauts in Chie clty atid Newark gave Mr. Weatbrook an cacclicnt character, fnct came out that the accused wasn lumber merchant in Eilaabeth ant Newark, and that attho timo of tue.oo. ‘ourrence he had completed his arranyements to go tuto the ‘electrotyping business In Scranton, Pa. AFTER THR SUMMING UP the Jndge said there were cases in the law. books of mis~ taken ic ogee en were convicted by cona- 1e1 at he would take the responsi- that in bis opivion this right be one of conse’, bas proved unquestioned good ih iu to hart tatuanee Sader Stok tence Wnder such ein surounded the plaiaut, s (The Jury, without @ moment's hesltation, rendered a vere dict of not Th order to appreciate the significance of the follow marke of the Gity Judge it will bo mecesaare te ue a inte dialogue that took place between bim and Joieyh AMcket- init conductor of the ar, rudge Bedrord— anit you go for beard the ery of ickpdokett ined pies hapeahaduse s5enk judge \—] 't you know it was your duty to do ii Conductor—With a crowd oF plckpodtes, around t wee not be abie to protect the people. \1 ere i did start to go to the rear platform there was no one a1 Judge Bedford—You are not fit to conductor, Judge Bedford, alter the rendition of the verdict, said :— Westbrook, you have been acquitted, and properly 60, owing to your aedioest character, But the imgortant fact ree marina that Mr. Lux was robbed whiie in the car, I take this opportunity of azylug (hat the sysiem tolerated by the conducturs of city oars in all.wing, as thoy. do, plok- pockets and rutians on the vars deserves not only condem- nation and censure, but prompt and severe punishment. ‘yhere is scare: eek elapses but the press give us am account of some caring outrage perpetrated on these eity cars, 60 bold in its character as to justify the inference that some of the conductors and car drivers are ACORSSORIZS 10 THESE CRIA, The District Attorney, lam bappy to wiil in a few days make an example of some of them. ASSAULT CPON AN OFFIOER. Assistant District Attorney Sullivan tried a charge of felonious assault ferred by ouicer William Dean, of the Sixth precinct, agaipst Wiliam O'Conoell, who teatlied th: at halt-past two o'clock in the morning, while on the corner of Elm and Franklin streets, the prisoner was standin: there, ‘The ofticer said that O'Connell was a Little Intoxie and when he crossed the street he commenced hallooing. He (Dean) told him. af he did not move on he would-have to arrest him. O'Connell continued to talk, and when the oificer approached him he drew a knife and drove tt {ato his side, but the coat being titick, no wound was inilicted. ‘The prisonor's story Was very different, he Leatifying that the ofticer followed him across the street and struck Lim om the head twice, knocking him down. While he stood over him he used the knife to append bis life, and thea two other Ollicers came up and beat him also, ‘The jury deliberated for a long ume and finally convicted OrConiell of an absault with ® dangerous weapon, coupled ‘with @ strong recommendation to mercy. ‘Tulge Bedford observe in passing sentence, that the man- ner in which the prisoner teatitied created a very favorable impression, and aiso uyon the mind of the Recorder, who sat beside him. Nudie oak lt fy may have done, said his Honor, you have been severely ted, and I think three months in the Penitentiary {s suiticiens, + THE DISORDERLY MOUSE OASES BEFORE THE COURT. Counsel tor over twenty persons indicted for keeping disor, derly houses in Chatham and Greenwich streets, which casea were on the calendar, moved for a post) of the trial till Thursday, he having an engagement iu another rt. ome Sullivan said he wae, ready and anxious to proceed wit ene CARES, use ese parties were guul decency and pt bile morals rejuired that they should be dis- e vor to the counsel, postponed the a without TU fay, remarking that #f one or two of the men wat the Court would faniet would be 86 rye he Car Other parties would desire to be tried in the Special Sessions, LAROENY, George D. Hasbruck pleaded guilly to an attempt at larceny in slenilng, ou the let of March, a few ‘artiofes ariug apparel irom Hannat\ Nelson, 173 Bleecker streets ¥fe'was'sent to the Peniteffiary for one year. ALLEGED AVTEMDT OF A FATHER 70 SHOOT THE GEDUCER - OF HIS DAUGHTER, Counsel for Hugh }slessing, who was arrested for shootit at a young man named McGoldrick, whom he charged wi seducing bis daughter—the particulars of which uppeared ia yesterday's HEBALD—moved tuat Blessing be bailed in the sum of $2,000. i ae Bourord, in granting the motion, said that it was a proper case to be bailed. GRAND LAROENY. Alexander McConnell, who was chatgod with stealing two dress patterns, worth oat dollara, on the 11ta of March, the property of Macy, Valentine & Co, pleaded guilty to petty larceny. The. City Judge, in passing sentence, said that one i mformed him that ; of the prisoner's empioy® worth Of goods was stolen'from time to time by McOoanell,, “E think,” sald Judge Bedtord, “that your pica is ne lon- fency’ you deserve, because ‘business. tirms must be proteat- ed ngaiust dishonest employ ‘ORGERY. John Lloyd, against whom were two charges, pleaded guilty In the third degree. On tuo 29th of Novetaher'ho pre- Sentéd to George Heyman a checi for thiriyelght, dovlars, purporting: to be drawn by Martin Mills & Co. on the Ninth National Bank, by means of which he obtainedtifteen dol- lars, He was remanded for sentence and instructed to tur- nish he Court evidence of former good character. PETTY | ARORNY, John Coffee, charged with stealing three pieces of cloth valued at thirty-five doliars, on the %th of Murch, the property of John Peters, pleaded Rulity to petty larceny'aud was sent to the Penitentiary ‘or sfx montas. BENTENCES RECORDER HACKETT. Recorder Hackett, having recovered from bis indisposition, fore Me Ce for the purpose of sentencing the prisoners led before hin. The first prisoner arraigned was William Smith, who Yeaded guilty to obtaining a trunk by means of a fo1 aggage check from Dodds’ Express, which contained worth of profjpty. His Honor in sentencing him aald:— “The papers ia mny hand show that you are a very bad man. Your ctime waa marked by the evidences of professional thief and that this is not the first crime you haye committed. As you saved the Court the trouble of a trial I will diminish the’ penaity 1 would otherwise Jmpose by sen State Prison for four years rt OYFiCBE TOOMEY BENT TO THE STATE PRISON TWO YEARS FOR THE HOMICIDE CF THE BOY MURPHY, Officer Patrick Toomey, who was charged with the murder of John Murphy, on the-Bth of March, by clubbing him to death, and was convicted of manslaughter in the fourth de rec, was then placed at the bar. ‘ The Recorder said “The crime of which you stand con- victed ts the more atrocious when the fact 1s considered that at the time of iis commision you were ® policeman, and al- thougn charged with the solemn duty of preserving and de- fending human life you wantonly an Gorerry | took life, In my judgment the extreme penalty prescribed Your crime is wholly iuadejuate. The sentence of the Court e is that you be contined within tate Prison, at hard labor, ra. for the term of two BANK FO2GKR UROCKWAY FOR SING BING, Charles D, Vanderpool, al!as Charles Brockway, who inst February pleaded guilty to forgery in the third degree, waa the last offender disposed of by the Recorder, ‘The criminal history of this fellow is tly familiar to the public. Brockway is the most skilful and notorious forger im tho United States, and it in said that he has succeeded last ten years in defrauding bankers out of hundreds of and that he squancered his ill-gotten gaine id womev. ‘The particular offence to which uty during the winter waa for; ng the name of rowbridie to a check pon the. Bi lational Bank Mth of October for $85 way, when asked whet he had to say why judgment should not be pronounced upon him, replied by saying that he ~ “desorved the severest penuity of the law, for he had ability enough to get a living in a better way. His Honor eaid:—I cannot, consistent with ay, sense of duty, liminish to any extent the punishment that {t ismay duty to intict, No one knows better than iad that your life has been stained with the commission of ail sorts of offences. You are been in the State Prison frequently before, and you are one of the most dangerous men that I have ever been called to sentence. I am iniormed that you have given some information whereby the wron, that you have done bas been fomewhat repaired. In consideration of that fact I will take three months of the sentence. I would otherwise impose. You are sentenced to the State Prison at hard labor for the period of tour years and ping monte. COURT CALENDARS —THIS DAY. Covet—CmannRns—Held by Judge Ingra- 18, 25, 89, enll 100, % CoUNY--Cinovit—Part 1, and OYRR AND TRR- eld by Judge Cardozo.—No Circuit calendar oriml- " count—Cracert—-Part 2—Held by Judce Van Nowe Sue, 3681, 13 Tid, 30, 1 BUH 82, 08%, 2, rirun CouRe srtcist. ‘TRiw--Demurrers—Nos. 7 SUPREME hai vi 0. Tasnies of law and fnct—Nos, 87, 88, 90, 91, 9 “4, 87 8, Bo, 1h 201 102, 108 104, 108, Tha," 107, Tie, har, 110, Tin, 419, $48, 114, 115, 118, 117, at ee OURTTRAL TERM—POr 4_treig py J ones, —Nos. 157, 15, 615, 061, 104, 67 gr, G51, 86d, OST, 695,657." Part 2—Hold b> sudgo Monell Now’ 594, S34, BSS, 656, 654, G26, ”44, “gan, Ihe, 448,82, B4d, Et COMMON PLEAS TULA”, “Feat Part LeHtenl oe Oe oo bea B19)s, 765, 066, 15934. 161, I 962, 61, 419, 200, ALMOST A FATAL MISTAKE, A Tenant Mistaken f; jurglar, and Shot by wie. On Monday evening George Relliy, of 654 Second avenue, came home atupidly intoxicated; but, fastead of going into his own apartments, he lay down om the frst fight ofatairs, His wife and father endcavored to get him to go up to his 0 rooms, but he would not be induced to do #0 under clrourmstanbes, and thay were compelled t leave ian where hewas intending, however, to wake him up in an hour or two, About lwo o'clock the iamates of the whole house were very much terrified |b; bearing three shots fired in rapid succea- fice ie Halal ari aera at ale Shame eis ing pistal in hie iiand and looking. to ‘where she had usband lyin} On ded mi: ‘mined his wound, and found that the ball bad f eahy part of the vhigh, short distance below ge, aie wOaatida Bitby, at the Vorkyile: tees 0 Qourt and held in 3,000 bail toadswer. He says he thought iy wil on ‘and unable to ‘he woun: n'was taken, to hie rooms, where's landlord, J ‘was yesterday ‘was a burglar, aod shot at lim under that imp! A BOLO THIEF, William H. Watkins, @ practical sneak thief, on Monday entered the private oflice of John Quincy Jones, President of the Chemical Bank, 270 Broadway, and stole therefrom twelve coupon# ot the Evansville and Crawfordaville Railroad Conn. pany, of tue valuo of e413; also three coupons of bonds of nd and Pitteburg Rativoad, of the value of $51; ing the coupons from the safe in Mr, Jones’ office he took them to Thorans J. Barnott 25 Kachange piace, and offered them for sule atu reduced figure, which excited his Suspicion that all was notright, He first ‘called and offered the twelve, but subsequently ive called with the three latter, end then Barnett sent tor an oificer and imd him arres When bronght hefore Judge Hogan yesterday he dea! he had move them, but Mr, Jones. Mentitied then, a witiieus aw bim In ths vicinity of the place several Wen fore the robbery occurred. Tho prinonor, at the Of Wis counsel, Was remanded for examination to