The New York Herald Newspaper, May 6, 1871, Page 8

WAS IT A feunnen? | eee, a A WESTCHESTER COUNTY SENSATION nae Bnspeeted Poisoning Mysterious Death of a Ger- mon Five Years Ago—Running a Boulevard Through a Cemetery—What the Gr: Disclosed—A Case That Calls for Oficial Action, A wystery, over which the silence of the grave hay Kept watch for nearly five years, and on which Linges a strong belief that foul play was practised Toward a too confiding hnsband by his erring wife and her paramour, has, under cireumstances of a Peculiar nature, again been revived in Morrisania, Westchester county, where the ghastly details of The case are at present being discussed and com- mented upon with an carnestness which bas become ‘@lmost universal in that communit i It seems that in the summer of 1566 a German Mamed John Witzell, who kept a lager beer saloon @t Mott Haven, near Ueriem bridge, died rather suddenly, and amid surroundings of such 4 sus- Ploions nature as to Warrani a general elie! in the Reig borhood that HE HAD BEEN POISONED. Att of nals death Witzeil had, through industry judicions speculation, accumulated property to the vaiue of about $20,000, which as since appreciated to perhaps more than t result of his prosperity the pe during the fall of 1865, ag his wife to carry he business during his ce. Before leaving, however, he rented a dorge room over bis place of business toa party named Henry Wagner, a married man whose family lived in the — vicinity. The spring of 1806 witnessed the return of Wit who was not long in ascertaining hist nsatiantic trip was the great mistake of hiv lifery During tus absence an improper in- Umacy sprung up between his wife and Wagner, whica furnished ampie food for the scanda}-loving Fossips of the village, and of the existence of which Mt is stated Mat the deceased, after his return hoine, bad proof strong as Holy Writ S$ a COnseqUenCe of this Cutraye oo the domestic p of iM® DUOMED HUSBA perpetna? strife ri fi niet i her ¢ protestations and the i 2 COIN? fu d wo eata On the 4 cod v York ai ua Ne e event ng, when, 1b > parte transpt his Wa bem very sweet. sed complained of inteuse y entreated that a Whether his request was jig mooted question, bui ane ik about ED IN A YRW HOURS, atthe tim report belag highly pro: Dadi, having occurred in the viliage at t majonty of the chizens, however, discredited vhe story, and some of them suggested to the then aci- ing coroner the propriety. of investigating Whe matter; bar nis 1 bale that W 1 Jureished a physician's ¢ to the cause of ppreheasions ded dis~ ai husband were deposited in the Bensonia Cemetery at Mo Lia, and as time rolied on the MYSTE attending his deces were fading from the minds of the citizens until afew days &go, when an event occurred which — hi Tevived With — increased the su picions cnhiertained at the his death AN act of the Legisiature having sanctioned. the epeuing and laying out of St. A avenue and Carr avenue, ia te town above named, it was tound necessary 610 priate: a portion of Bensoma Cemete: Accordingly a protracted Botice was given to the ch Mat all bodies remaining unclaimed by friends after a spec Hed date would be removed to Woodlawn Cemete. Bi the expense of the town, Itso happened that we undertaker empioyed by te Comiussioners to Jer the unclaimed remains was the same per ‘Who buried the body of Witzell, and, prompied curiveliy to look upon Whal Was left of the be hailed one of the locai physician: dug, and on OPENING TRE COFFIN Mey tonnd the body in a perfect state of preserva- tion, while the limbs were fast passing trou ToCess OF de Since then the excilement among he citizens been imieuse, mauy regarding the State m Which the body of deceased found as addtional evidence that potson had been admii- istered. It should be here stated that the wife of the de- ceased Jeft the nelghborhood im company Wagner ortly tor the death of her husband, mW having first 1 ne property. er, WhO, it Isasserted, n, lias openty and gen Btstated periods, wi rents, On hearing that lage yesterday, Coroner that she wo ingiog Wagner Jou lived with the 2 his wie and a eve wou ally accompauied her to n he ¢ 1 was in the vil- quested, through at tus office. se During a con- 1 call with her, ion, in Wileh the Coroner ttimated that un Fel | } John Le | ton NEW YORK HERALD. SATURDAY, MAY 6, 1871—TRIPLE SHEEN MUSIC AND THE DRAMA, Dan BRYANT’s.—Thanks to an exceptionally bright and attractive programme, tus popular minstrel ball continues to draw full houses. The first part of the programme includes some excellent comic and sentimenial songs. Newcoms & ARLINGTON’s OrERa Hovuse.—This charming litue minstrel hall, at the corner of Twenty-eghth street and Broadway, 1s already an immense success, and evidently supplies @ long-felt want, The programme 18 a very good one and— most wonderful thing to be sald of minstrelsy—com- prises some really original features, especially in the way of repartee and jokes, Henry Tissaugton, the reguiar leader of the or- chestra of the Graud Opera House, has a benefit there o1 turday, May 13, which promises to be a grand atau, In addition to the opdra bousfe con any he has secured an orchestra of 100 musicians, award Molienhauer, Webil, Eben, J. R. ‘ibomas, Ella Wesner and the less childzen, “Neck and Neck” will be produced atthe Globe theatre, Unis city, on Jane 5, by EK, T. Stetson. c Allston Brown has atready secured for the piece the followlug peopie:—Mrs. Fred Meek, Aulton Raintord, John Waish, George Charles, Mrs, rovena, J. Leslie Gossia, Elizabcta A Mx. Boynton, G. ©. Davenport, Marie Boni- ¢, J. M. Charles. Matinecs To-Pay. Mr. Charies Mathews will appear at the Fifth Avenue in “The Critic’ and “A Thousand a Year." ‘rhe last matinée of “The Liar” and “Americans in | Paris” will be given at Wallack’s, At Booth’s the | grand romantic play of “A Winter’s Tale” will be presented in ail its variety and splendor. The last miatinée but one Of Augustine Daiy’s vivid picture | Of American frouuer Ife, “Horizon,’? will be the attraction at the Olympic. The opera of “Traviata” Will bo repoated at the Academy of Music. Hervé’s “ne Petit Faust? 18 the attraction at the Graud Opera House, “Pluck’? will be presented for the | last ume but one at Lina Edwin's. Matinées will so be given at the Globe, Comigue, Wood's, Bowery, Tony Pastor's, Bryanv’s and Newcomb & Arlington's Minstrels, Japanese a: Sau Francisco | Mall, and Park, Brooklyn, In the Provinces, Miss Nilsson met witn the same success in her | Southern tour that she has found everywhere else, Edwin Adams ts playing a successful engagement at Kansas City, Loita made over $15,000 In her recent six weeks engagement at Philadelphia, Miss Jane Coombs, supported by Mr. Frederick Robinson anda fall company, is playing at the Pitts- burg Academy of Music. Mrs, Chanfvau has declined a re-engazement at the Mieatre, Boston, aad it 1s ruimvered that she tur? it next season, Frank Roche is said to be engaged as leading man s. Conway's new theatre, Bruoklyn, lor we | comming season. Hall's bari April esque troupe performed in , dnd Was anuounced Lo re- Taunton, main the The new Opera House, Rochester, N. ¥., 13 nounced to be opened on May 10, woder the 1 agement of Thomas Carr. ‘The Engusa Opera Com- bination Will be the opening attraction, sen De Bar has conelnded to manage the St. Chavies theatre, New Orleans, next season hitseil. He secured what he thought to be a competent party age It Tuis last season, but one season appears bave sulted ben, for we are intormed that he t tu give It his personal supervision, in conjunc- wilh is Opera house in St, Louis, Ben is man- aging the T tre Royal, Montreal, this summer, Pr Bowers, John Collins, Litue Nell and of the most popular stars of the day will not ovr } | oper | | { appesr. Mr, Charles Ford, son of John T. Ford, manager of the Holiday street theatre, Baitimore,. sailed irom Hulumore oj vil26 for Europe. Young Mr. Ford lest the University of Virgiaia (where he was edu- caved) at Lag close Of Une session of 1870, aud durmg t vis @d most of the principal cities of this country, Woling the Wworsings of the opera houses wud theatres. He now visits England and Europe With tae same purpose in view, besides making me a ements lor the first seasou gi te new louse in Balumore, FaNxy JANAUSCHER,—An offer has been made to Uhis distinguished actress by one of the leadin; man in London to play some of her principal characters ii Uaat city Unis summer, the terms being one hundred guineas for eaca performance. It is not decided yet Whether she will accept the offer. She | WHL spend the summer likely at a watering place in | Swi sly be held on THE OP HER DEAD HUSBAND, gbe did not m the % concern, telling his to “go a if he felt so disposed. She also | siluded to the rumors of poisoning and ap) red | an eriain who had beea briagt ner intima they bad had a ceruficate from two dociors seiting forih that deceavud had died of choiera. 1 4s mooted in tue minds of the peor not die a natural death, ait is Why i.e authorities do not coume inves ion of tue ada, THE AUNIVER hank ssh Lins. New England taber Re The New England Labor Re ehe anniversary tute, with a di unions as now took erm Lennar. rin League opened urtor attrmative Quoted from byluws and transac! nions to ehow that as a sent orgauized they are am Poly which 18 not only injurious to the w but io the co Tuelr pros hen-society mien and their constant plottings ay capital were denounced, and it was shown that \ y recede ess th lavor 7 wea Parker 3, n labor had advanced fity 7 ww 1865, the of common labor with crease thal he did witho Hey wood acknowledged the rigut of workin: mutnal ted on the principle of nu ged aud pot’ alone tra weivomed the Chinese to tais very Wiling to give them the bal- intelligent at the 1 ay Of the Wile people property o evening, in Cooper instt- | ta dead weight | | has been bought vy a soc: to make this smail sre hew authors, unknoy volves would | is cluefy gathered | | Inio cities, & ly owlug to the Syranny Ot viher monopoites, whieh Inst be L tof the nation. | Mr. M. Diuny of the proposition unious aod showed What the 0 4 : of labor and te improve te condiiion of the w ingmen, He adinitied (at some features of thelr sbecipline and organization ieeded amendment, but the whole they had proved beueleim! to th voring classes, And best only meals Lue works nubds Aud enerowchin trade unions are th Meu ave of resisting the vis of caplial upou their Haywoop briefly responded, after whicn the te closed for the evening. 1 will be covtia by uthers this allernovn and evening at 7 fWo wid Hall-past seven o'C ock P.M. in the Shall, aud io-morrow the League will keep it Gey iy Temmeyny Hail. aame up ab A WARHING TO HORSE CAR DRIVE Yesterday afternoon a man named Henry San- horn, employed as driver on one of the Union Hii}, horse cars, Was driving tis teaul jn a reck) sud dangerous manner through Washington atrect, Liovoken, while he was in a state of imboxteauion. i ugers protested against hid conduct, he Was passing tue stauion housed Ne was sergeant Hinge. On being taker before insted te Was fined Hien doijare for GUVing While wader ihe jy uce of Mguor, | dand return to New York early mp the fall to fulfil the numerous engagements which have poured iu from all parts OL the couniry to her busi- Mr. Priiot. Mile. Jananschek bas plays, expressely written for her, | to her repertoires, ‘The following ts the richest “criticism” out as yet. A Western journalist compares Nilsson to ‘the >) “Venive di Medici,” and says that ber noves fell on “the tendrils of his heart? like “the bubbling music of distant waterfalls on a bed of smashed roses,"? She came “ike a gush of bitgit sunshine,” and Wueu she sang “Home, Sweet Home’? the dizzled crite tet like “puliding a castle of alabaster and gold, surrounding It with ralubows, shuttwg it in with gates of pear! and mooushine, and embower- dug It with rose: and then presenting it, with his compliments, to tae song-bird. He didn’t do it, though. If we are correctly informed, what he a «id was to slip quietly round the corner and udon his head, The engagement of Miss Ella Burns, at the Wal- nut, Piiadeiphia, last week, developed the tact that she is endowed with considerable histrionic ability, Which needs only time and application to develop into dazzlug aud edective tuiness. Young, hand- some and accompilsned, and with decided genius for the stage, if se is but true to herseif she may Wit a proud naine ia the arduous profession she has chosen, Her Lady Blizaveth, in *’ Pwixt Axe and Crow: ,» inthe main, foretbly presented, litbougit and, indeed, the play itself, gene- is notiiug remarkable, It is ‘talk eme, and at times tiresome, su She was mue sai ul as Julie, in the play of “Ric given for hor benefiton Friday le n jeu,”? y evening. oucelved and admirably acted, and in | ASsOnate Benes Was especialy com | mor’ Acress the Sea, jmedy from the pen of Mr. Bernard HL Dixon, the author of “Behmd a Mask,” 1 played at the New Royaity, has been accepted at one of the West End theatres, London, It is @ Curious fact that most of the great m) composers have Lee Handel li, Rossini, aul Haydn, Spontini, next antamn Mr, Cam. Atlantic a8 one of a con- ne Patey and Mr. prising J. I. Roeckel is announced Paiace, Tits 1s the tance trom tus composer that 18 Deed broagitt out ta Loudon, bat he has a good provineial reputat talas uth,” jou jor his & “AUC BOLE, & Ce @ performances of the Pa . Lterrupied last year by the » WLI be continued on the 2ith of ; the 2d, Oth, Loch, 25th and Zh July; the 6tn, ad 27th Aag , and the $1, Yth, 17th, 80 severely a by Mr. St Pelers- Mr. Walker, | ! of avo0 lor a sing ony OL the Lavernatioual bx. 13th Psaim. He has chosen Arthur Suilivan's production oeeasion Will be paniata on the Moorish subject, the wi have been supplied vy » Tom Taylor, | ‘The King’s Cross theatre, London, we are told, ol geatier Wh artists, ¢ wil aways be able to gain a fir, iring,”? some er the p Among the Uist provuctions c led “Lillan’s Love “dhe Gland Dake of Cauiberwe! ! | and a bur: | 3 | THE Pill To TAKE Evivor ov THe HERALD: 1 have been a subscriber Jor ten years to the Phi concerts, and asa regalar attendant am not unknown to the oficials, who are supposed io care for the patrons of this society on the Gecasions Ol its retearsais and concerts, Last fail | bought @nd pati for tue course Ucket for the present season, On going to the Academy of Musie Jast Friday to attend the rehearsal 1 carried, by mistake, the Wrong teket Wilh me, When | arrived at we door it Was too late Lo reetily my error by golug home for the rigutone. J explained the circumstances at the | door, but was den admission, A rade person Who holds the ofice of treasurer of the soctety was especially insol in yelusing me what, if not | | wader the Civcumstances a Jegal right, cers fululy @ priviiege to which @ supseriber 8 ene tied, that of hearing the music that I had paid to hear, aud that tuis pe mknew | had paid to hear, This J# but ove ins.ance Of mavy indigaities whic the patrons of the Plilharwonic Society lave had to endure of late. { trust that others who have suf- fered at its hands Will seek the same remedies that 1 have ise Jo—First, publicity In the columus of your able Hd sec fusal to bay, success has male it nisplent, New YORK Apri 2 LANIBRN, Ww being | Cumiaings slags next weck at the | le month omered | the present wnpresario of the | THE ‘COURTS. Important Question in Bankruptey—The Caso of the Recaloitrant Juryman—A Case of Re- striction—Contempt Case—Decisions— Businozs in the General Sessions, URITED STATES CIAGYIT COURT. A Patent Suit. Be’ore Judge Benedict. In the case of Rachel Eberle vs, Charlotte Gaynor, Which was a sult brought for infringement of a patent for a ladies’ stocking and gartcr supporter, there was @ verdict sustaining the patent and awarding two dolars damages for the iniringement. UNITED STATES BISTAICT COURT. The Death ef Judse Boynton. Alter the proceedings in the case of the United States vs. Lilienthal, which ts yet unfluished, had been disposed of for the day, Mr. Stmons, United States District Attorney, moved the adjournment of the court out of respect to the memory of Judge Boynton, of Florida, whose death has been an- nouuce Mr. Scudder seconced the motion. Jadge iiatenford acauiesced in the motion, directed the clerk to make an entry of the cau the adjournment upon the minutes, which was « cordiugly done. UNITED STATES DISTRICT COURT—IN BANKRUPTCY. Thnpertant Question Affecting Mutual Debts. Before Judge Blatchford, In Me Matter of Petrie & Co., Bankrupts.—Tits case came before Judge Blatchford on an agreed statement of facts, which were as jollows:—The Cen tral National Bank are the owners of a draft | amounting to $3,500. It was drawn by me Beaver Brook Manufacturing Company on the firm of Petrie & Co., and accepted by the latter, This dratt was prosested for non-payment at the time of its matu: ity, which was on the 1ith February, 1 Atand before the time of this protest Petrie & Co. kept au account in the Central National Bank, and had been in tne nabit of depositmg money in it and drawing out the same; and there was, at the maturity o/ the draft, due irom the bank to Petrie & Co, $395 41, Which was deposited on or belore Febrnary 5, 1870, in the ordinary course of busmess; bat the bank then had no knowledge of the insolvency of that fri. Four days after the deposit in question Petrie & Co. failed, Upon the maturity and protest of the dre the bank appropriated the $3895 41 to the paymeut of the draft for $3,500, About a month afte: rocecidings iu bavkruptey were commenced veirie & Co. The bank alleges thay under section 2uof the Bankrupt act “ibe draft and deposit were mutual debts, and that they had aright to sec of one against the other, thereby reaucing the amount of said drait to $2,104 5: ‘The assignee ciaims “that the said funds so depostied belong to the es+ tate of the bankrapts, and that in respect to the same the bank was acting as trustees; that they had no right to set off any part of their dept ax: same.’ Judge Blatchford holds tiat ine aright to set ov debt, and that they should not pay over to the assignee the amcunt of said deposi. COURT OF OVER AND TERMINED, Bilef Session and Very Little Done. Before Judge Cardozo, was very br Samuel stealing a gold ‘an, aged sixteen, pleaded guilty to watch, Sent to the House of efuge. Thomas Williams pleaded guilty to burglary and Eugene Glass to grand larceny. Their sentences were deferred to next Monday, to wiich time the Court aqjourned, Sui = COURT—SIACUIT.. That Jaryman Who Went Back on [lis Vere dict. Before Judge Van Brunt, Willis vs, Weaver.—The case of the recalcitrant juryman, Samuel H. Cornell, was cailed up again to-day. The juryman’s counsel submitted some authorities and both sides passed up thetr aftidayits, but containing no facts additional to those hereto- ae pubusied, wien tae Court reserved its de- cision. SUPREME COURT—CHARIBEAS. Devisions. By Judge Ingraham. Osborn vs. Gore et ait.—Movioa granted so far as to allow defendant to put in an answer and have trial, Judgment and execution to stand as security. De- feudant to pay costs, &e, By Judge Cardozo. Samelson vs. Dennis.—Motion denied, SUPERIOR COURT—SPECIAL TERM. A Breach of Promise C Before Judge MeCunn. Amclia Oppenheimer vs. Charles Peters,—The plaintii seeks through the Court to obtain $3,009 from the defendant, for alleged breach of promise of marrisge, She tells a rather curious story, She isa Jewess, a dressmaker and poor, A few months ago she formed the acquaintance of the defendant, who told her his name was Max Wiel, and that he also was descended from the predecessors of Pha- Taoh’s hosts in the crossing of the Red sea, He made love to her, promised to marty her, and under this promise accomplished her ruin, and then would not fulfill his promise. She fastituted the present sult, and on the 2ita of last month, becoming satis* ded that he designed leaving the city, she procured his arrest and lodgment in Ludiow Strect Jail, The case came up ou a inviion to Vacate this order of arrest, Counsel for the defendant recited a touch- ingly lacrymose srory about the defendant, who, it appears, is a fat and tair butcher-boy, of four and iwenty summers. He sad that he was without Ticans, that his acquaintances are all poor, that io is utleriy Impossibie for lim to procure the bail ne- cessary Jor his release irom jail, aud further, that he is DOW ready to marry te girl. “Bring tiem both here and Iwill marry them at once,” said tie Judge, seeing, as he tought, a | prompt aud eiicient way of setdins the mat.cr. “But she won't marry hiua,"’ exclaimed the piain- tin’s lawyer. “How's that’? asked the Judge, astonished, Mi ig More wan a gay e iawyer, and he went on to | explain sonent, Whose real Charles Peters, and who 18 uO Jew, but a gave a wrong name aud falsely repre , the better fo uccomplisir How she tried to couvert ty + but contd not, and how she so thoroughly d hint Now that she would not arry bun ar any circumstaaces, Alter listen to the jerman, euted hiwiseli ruin of his irom a Gentle nw Years’ In the Matter of Grove.—in pany obtained Me Application of 1360 the Hudsoa River KR a judgment Wwitiam or $16) ageinst Mr. Grove Sherif!, has been obliged to give bonds not to leave the city. Laving a Shylock estimation of the deep solemnity of a bond he has never, within the past eleven years, leit ihe city, but rema.ued bere wit abled Hdelity. Mr. i. Dennison, his law look wuvanlage, or rather the benetit, of the law called the Pourceen Day act, and ther upon the Court, seeing the lacts of ase, ordered . Grove’s discharge irom the judguient, Decisions. Hareen vs, Warsen.—Order granted, Overbec! Fairvairn—Sune, Ballet al, ve. Fullerton De Long e. ve O' Brier JACOV38. — annie. ouon denied, with ten doliars Augerat v Darling et al—Order vacaimg order to show SUPERIOR COURT—TAiAL TEAM—PART I, Nice Poiat as to an Insarance Volicy, Before Judge Monell, Duncan Mecait and Sanuel G, J. Firth ve. Har- mony Fire and Marine Insurance Company.—In November, 1864, the plumttis eifected an inaur- auce for $5,000in the defendant's company on the bark Sinio, A month later the vessel was lost and niterly destroyed at &@ port at Cape Breton, The de- fendants refusing to pay the insurance a suit wag brought to compel the payment, The defence ts that the insurance was between this port and a port at Cape Breton, and that the vessel stopped at two porls at the jatrer place and was destroyed at the second port, and that by going to the second port the policy was violated, ‘ihe case has been tried before. After the jury had taken their seats counsel for the plaintims asked if uny of them tiad any inter- est In the deseudaul’s company, and they replied they nad nof, “Have any of the jury,” asked the opposing conn- sel, ‘conscicntiogs scruples against giving a verdict against an insurance corapany No one responded, and their silence was inter- preted into a coniession fiat they were not burs dened With such extreme conscientionsuess, ‘There was a general laugh, however, al the suggestive ta. ‘This cowrt met yesterday morning, but the session | me is | ad Com. | Stace then Mir, Grove, under each incomlag | i | | | | | deviated from the voyage \ terrozatory, Which was asked with the utmost SCCLUNg seriousness, “Supenion cOURT—TRIAL TENM—PANT 2. A Conditional Dismissal of Complaint. Before Judge Jones. Sexton vs, Waish—This 18 @ suit brought by a “tegatee under a will to compel the executor to pay a legacy of $5,000 on the alleged ground that all the other legacies have been paid; that there is sufl- clent money for paying this, and that there 1s no reason why it shonid not be paid. A motion was made to disiiss the complaint on the ground that no bond had been tendered to the executor to secure him agamst any claims that might be brought against hun, The Court heid that the complaint did hot contain facis enough to constitute & cause of ace alon against the defendant, and said it would order o dismissal of the complaint uniess the plaintit with- We a Juror and pays the costs of the term, with ve to apply tothe Special ‘ferm to amend com- plaint and to put the cause on the equity calendar, Quinn & MeKeon for plaintht and Devlin & Trull for defendant. COUST OF GENERAL SESSII¥, Before Gunning 8, Bedford, City Judge. Assistant District Attorney Sullivan conducied tie prosecution yesterday in this cour, A NOTORIOUS FORGER SENT TO SING SINO. Isaac Lent, who pleaded guilty on the $d inst, to forging an order for seven packages of gold leaf, was brongnt up for sentence, Judge Bedford in passing sentence sald:—When I saw you yesterday I never heard of you, I was ine formed by somebody that you could prove good character, and that this was your first offence, Vpon that representation I williagly remanded you in order vo give you time to hunish afMdavits, I) hokd in my hands letvers from respectable firms in this city about you, an T take this opportunity of expressing the hope that a merchants will furnish either the District Attomey or myself with the ante- cedeuls of persons arraigned for crime, because tts information enables me to properly perform my duty. T understand you are a notorious forger, and have detrawied several firms, and I have been asked vy respectable gentienen to give you the full penalty of the law. J shali send you to the State Prisua for tive years. Willam York, charged with stealing shirt fronts worth $450 on the Lith March, the property of Barviett & Co., pleaded guilty aud was seat to the Penitentiary for six months. EXTENSIV# LAROBSY AY TUR HUDSON RIVER DEPOT— ONE OF THE ALLEGED GANG OF THIEVES AC- QUTTED. John Killing, who was jotntly charged with An- drew Riley and * Bil! Dyer ta betag implicated m a series of extensive larcenies that ave been per- to time at the Hudson river Rail- road depot, was placed on trial charged with stealing | on the loth of March a bale of carpet and a box of neckties from one of the freight ¢: The evidenco against hua that a police officersaw at hal ten o'clock the accused and the other men ¢ of a stable near Thirty-second street and kleveuta avenue and pisce m a wagon the above goois, Kiliag was not arrested till a week afterwards, The policeinan posttively ideatified the prisoner as one of tue men. Agivl named Allce Trainor went upon and and swore that on this uight Killing was ng lis brother in West 'Thirty-third street, and ed there irom eight till eleven o’cioe! risouer made (te same statement under tie Jury beiieved tn Ma, Weiler’s deience—a by reuderimg & verdict of not guiliy. GRAND LARCENY, Hugn_ Petz Who was jointly indicted with Julius Whittaker, charged with burglary, was tried and convicted of grand larceny in steatins from the premises of Henry 1, No. 92 Orchard strect, oa the 22d of March, twelve boxes of cigars. As lr. Suilivan had four distinct, separate charges ag: Petzel the City Judge senienced him to we Prison for four years, GEORGE HILL, ALIAS COOLEY KEYS, WITHOUT BAIL. George Hill, alias Cooley Keys, who ts indicted for an assault with intent to kill Mary Burns on the 26th of April, was bronght into court. As he failed to appear on Thursday his batl was forfeited, Assistant Distr.ct Atiorney Suillvan moved that the defendant be committed without bail, as he was Informed the case Was an aggravated one. 4 Judge Stuart argued against the motion, claim. ing that it was only asiinple case of assault wand battery. Judze Bedford, out of courtesy to the Dise trict Aliorney, temporarily granted the motion, a COMMITTED ERCCKLYN COURTS. KINGS COUNTY COURT OF SESSIONS Before Judges Troy, Jonnson and Voorbees, Three young men, named James Kerwan, James Wilson and George Van Wagner, were ted yester- day in this court ona charge of having committed | a burglary at the grocery store of Sarah Gaylord, 233 Grand street. It was shown vnat the prisoncrs, one of whom had been arrested for burglary before and escaped from the court room, were seen in the vieiity on the night of the burglary at Mrs, Gay- lord's. Footprints corresponding with those of he prisoners were found in the yard in the rear of the store. They were iound guilty, aud the Judge sen- tenced them othe Kings County Penitentiary for four years, eleven months and twenty-nine days. UNITED STATES DISTAICT COURT. Auother Becision in Aémiralty. Before Judge Benedict. Chartes Kalbfeisch, &c., va, The Bark: Binet, &e— Two actions. One of these actions 1s brought by the owners of the British bark Ethel agaiust tie cargo of that ves- sel to recover upwards of $6,090 of freight claumed to be Que upon a charter party. The other 1s brought by the consignecs of the same cargo against the bark to recover upwards of $20,000 for damages arising from vt delivery and deterioration in that cargo. The charter party was | executed at Valparaiso February 22, 1870, by the agents of the ship and Raingworth & Co., of that | place, The bark was then on her way to the port of Caldera, laden with cargo deliverable there. | Among oti things the charter party provides that the said vessel, being “tight, stanch and strong, well and suMicientiy manned, stored and victuatled, | and in every respect fit to perform te voyage, shail, alter discharging her preseat inward cargo. at the port of Caldera, proceed to the ports of Iriquiprand dunin, and take in a full and complete cargo of nitrate of soda in bags.”’ She was then to proceed with ali mvement speed to New York. rsagreed to pay for the freight on its y in New York forty-five shillings per ton. Ai the ume of the execudon of this cnarier party tire ship had a crew of twelve men, but wien she lett Caidera she had only vine, two of whom de- | scrted at Juuin, and the mosier, unavle to ate the scl with seven men, pro- ceeded to Valparaiso to fil his crew, which he effected. Sailing for New York vhe vessei met with storms, commeliing ie jettison of a portion of the cargo a areturn to Vaipara airs. These compleved she again set sail for New York, but the crew soon ater imutiuicd aud iorced the masier to retura to Vaiparayo, Where another crew was shipped and anowier master put on board, under whose mand the vessel finally reached New York aud de livered the rematuiug portion of her cargo, up thence disastrous | dence, 200 East fortieth street, a lew minutes before | $501, | of the Tenth precine | men’s Friend Society, | taentidcation, Upon this state of facts the owners o! the vessel claim vo be entiicd to recover the amount of fy due jor (he cargo delivered for a ge contribution (oward the expenses cau asters Which ensued aiter leav, Valparaiso, the otier hand the consignegs of tne cargo ¢ liability for sreigit or geveral average, and recover of the vessel all the damages aud loss sus: tained by the cargo alter ts jJeaving the port of Junta, upon tie grovnd that the vessel unlawfully 48 provaded In Wie con yn tact by going to Valp Judge Benedict yeste cision 1p the case on th red a lengthy de- vove related, cou- cluding in the following words:—“My conclusion, | therelore, is Wal the circumstances proved In tts case do not, ording to the mariiue law, aiford a justification for the jailare to make (he voyage con- tracted for, and that the coasignees of the cargo are enttied to recover of tie bark ail the joss and dam. ages to the cargo aiter the vessel sailed from Junin. split up tier demand tor Partot it to olfget the ship's cit, bub must suiter a recovery action brought by the owner oe Water Witeh, 1 Black.) A de ordingiy be catered in the Uirst named acuion for the amount of such damages, with an » to ascertain the amonnt, And in on ol ihe ship own a decree will be en- tered for the amount of the frerbt, according to the chatior party, With & like order of reference, COMMISSION OF APPCALS, Wing 1 the calendar of the Commi fonday, May 8:—Noa. 1 2, wi LOA, 106, 104, 108, 121, 114, 115, 110, They cannot, ioweve damages, and apply demand for the tre The fi of Appe: 27, 28, 1 THD AMENDMENT TO THE CODE, A Barrister on Lawyers’ Tongues and Small Fry Reporter To THE Epiror or THR HERAL The Bar Association have sent a committee to urge Governor Hoffman not to sign a Code Amendment bill. 1 do not know its entire merits or demerits; but the resolutions passed by the legal gentlemen of the association seem to Lnply that whatever leading lawyers think about the code amendments—or in- deed any laws—is to be accepted by the Governor and counmunity; and a3 a lawyer of moans, experi- ence and, I trust, social Influence, I strongly deny the implication of their resolutions, It is proper that lawyers should put laws into unassailable lan- guage, “but jhe object, fitness and aitvant- ages of statnyes are best pronounced — by lavmen in tei’ petitions to) te Jemsiature legislators. tb be ng, ‘want laws to fession, Then 1 notice one or two small fy papery back up the Jawyers in their Sir Oracle is one amendment is said to infringe on the Iiberty of the press and give to courts, jurymen, witnesses, &e., protection such as English courts au the federal courts have power to give, Independent, aple and decently mai Dewspapel ave No- thing to fear from any court; and if there is any law before the Governor tending to fetter the license of a lawyer's tongue in court or a small beer reporter of a small fry paper out of court let it be signed. BARRISTER, NEW YORK CITY. sepecergeestaae tate Locatism:, Minor Matters and Police News, ‘The following recora will show tho chanzos tn the tomperature for the past twenty-four hours in com- parison with the corresponding day of iast year, as indicated by the thermometer at Hudouvs Phar- a, coruer of Ann s' macy, LERALD B ‘Ist rreet:— 4570, 1871, 58 ponding” ate The Rev, Samuel Hanson Cox, D. D., will preach inthe North Dutch chereh at nalf-past ten o'clock to-morrow morning. Datiy noon prayer meetings are held in the church, and aiso every Sunday in the new chapel, No. i03 Fulton street, at a quarter to eight P.M. The managers of the Five Points Honse of Indus- try are making strenuous efforts to aid the poor by whom the institution is surrounded. They will ihanksully receive donations of second hand clothe ing. Packages will be sent for on nouce being sent to 155 Worth street, The death of the wife of Joe Connrn, the nugilist, ‘was yesterday reported to Coroner Schirmer, Dr, Hodgman was called to seo Mrs, Coburn, at her rest- she expired, and found her suifering from convul- sions, but refused to give a certificate. James Taylor, forty-two years of age, and bori in England, was a lodger in the Fourth precinct sta- tion house on Thursday night. At one o'clock yes. terday morning he was seized with a M1, from which, liowever, he soon reeovered, but some hours sup. sequently Taylor had another fit and died soon alerwards, Coroner Senirmer was notified to hod an inquest. Mattitias Dachler was arraigned before Judge Leds Win, at Kesex Market, yesterday, ou complaint of Hency Merz, of No. 7 Pell street, for robbing him of atuux, containivg clothes and jewelry, valued at The trunk was found in ihe possession of henry Lutzen, 117 Elizabeua street, by ouleer Long, Dachier was comauted for wial, and Lutzen was lield under gu.0 pail to ane swer as receiver of stolen goods. There will be a jolly time at the house of the Oviental Club, on East Broadway, tonight, “Jim” Sullivan, of oyster fame, 1s to serve up a champagne clam chowder; a famous gice club ts to be present; all the leading ciubmen have been invited, incinaing those of the “Stavle Gang,” “Morning Glories, Gotham, City, Jackson, Jeierson aad Shandley clubs and many others prominent in political, busi- ness aud proiessionel circles, are expected, On Thursday afternoon a warrant was issued at Essex Market Police Court, by Judge Ledwith, jor the arrest of James H. Blood, alias Dr. J. H. Har- vey, said to be the “Co,’’ of the firm of Woodhull & Clitin. Mrs. Annie Clafin, the reputed mother of ., averred that Blood had abused her and ner life, Yesterday Mesdames Woodhull threatene & Clain called at the court to state that the whole thing was a blackmailing operation, and that Mr, Blood wou'd appear to-day at ten o'vlovk and give bail for any required amount, ‘The stated meeting of the Board of Managers was heid at the Bible House, Astor place, ou ‘Thursday, tue 4th inst., ac haif-past three P. M., Norman White, Vice Presilent, in the chair, assisted by Frederick ai Winston, A. Robertson Waish and E. L. Fancher, ice Presidents, Six new guxilaries were recog- <t—one ineach of the States of Jowa, Missouri, Georgia, Alabama, Texas aud Kansas, Grants of books were made to the American Sea- for aistribution among boatinen and seamen; 0 the Wesiern Seamen's Friend Society, Bibics and Testamenis in Danish; Yor Washington Island Mission, Wisconsin; for Nur+ sery and Women’s Hospital, on Staten Isiand; to the Hoine for Incurables- to the Military Post Library Association; to soldicrs at Foit Abercrombie, Da- kota; to the Board of Missions of the Protestant episcopal Cauren, for Panama; to the Marine Agent of New York Bible Society, for vessels saulug to foreign ports and many grants to feeble auxtlia- ries at the South. The number of books granted 1s 3,779, Including two volumes in raised letters Tor the ey Spanish, Por- bind, besides others, to the value of £80. were in various languages, as Engiisl tuguese, French, Itaiian and Danish, “Q0SE TO HiR DOAN.” The Singular Female Suicide at the Stevens House—The Mysivry of the tlorgue Prova. bly Explain ‘The singular cireuimstances, so far as Known, sur- ; rounding the sad suicide of a beautifel woman, a temporary Sojourner at the Stevens [louse In this city, have already been given to ihe public in the HERALD, Subsequent to the Coroner's inqnest tae body was removed to the Morgue, at Bellevue Hos- pital, where it still remains for want of Some facts have recently been discovered by an atiaché of the Henacp, which may possibly expiain the mystery of the un- fortunate woman's identity. Observing the para- graph descriptive of the suicide, a gentieman now stopping ata hotel in Newark, where he lay indis- posed, stated to the Hnratp reporter that he Wassure he knew who the selfmurdered lady was, but he did not desire any publication of the matter until is belief was realized, Me said ne feared she was @ lady nained HOPFINGTON, NOT B as reported before, Mrs, Hoflington dent of Urocklyn, wh ad hada great deal of trouble in her domestic relations. She was treated, he said, fo a shameful manner by her husband. About six Mouths ago the geutienan avove aliuded to bowrded RRINGTON, at tne same house ta Brooklyn witit 1 band. One mornin z her at table, he the husband where sho was. latier rey “Well, 1 guess she’s up stats; they | Le site Look Calorolorm, and it site did L don’t care | ad—n SHB DESERVES TO PIT The gentieman rushed up stairs and into her roour. Hy dlut of great per ‘ance and utiention he restore? her from tie tne cep of acaih, Sure enough, she bad taken chioreform, and at fst, On gaining Cousciouness, Found fault with he saviou She was tired of Jjiving such a she said, Alter this her aifairs grew worse, MW possible, and a divorce was for, Where she was Liv was been bro up on tie Ist of May, and tue tleman alive et of Learsthat ia allt of frenzy out of the word. All the Hon dadgee hint y of the stovens » person, The persoinel of ha suicide a that if it was Mes, Hoting. y be found on hee tatvd | e scription, t reported cirenmstar to believe that si Mouse my ster simliarily ot seem identical. ton there would prove finger a plain gold rin, “FROM 4 nd the 8% | green stone, ne suicide shouid pro been ier he saul she was a lady of striaing personal apperran ceiul m manners, as weil otined wid vated in mind, Her connections | e of the hiphe 1 father being now alarge ted prope ow Jersey. His fur iption of Ler was that she was about live feet two wad a half incies lagh, wilh small feet to her | | and hands, and dirk hat extendiag almose knee ne Was avove the necessity of working for wg Withoul any assistance trom her husband or relatives, SENTENCE OF H COMMUTED BY THE PRESIDENT. Case of Chartes Perdue. Tt will be remembered that ja a recent term of the Vuited States Clreuit Court in this city Charles Pure due was convicted before Judge Woodruil and a jury of the crime of setting five to a ship on the high Seas, at a distance of 209 miles from lind. He was unanimonsiy recommended to mercy by the jury. ‘The facts must be fresh in the recollection of the public. Purdue was soon after lis conviction kenienced to death by Judge Woodru!?, and the 1201 of this month Was named tor lia execution, Strong appeals were made to ihe President to spare tne Ine of the convict. “The recommendation of the jury, a petition from the imnabtiants of Orange, Ne dy humerously signed, and representations from the owner of the vessel and other sources, have inclined the President to the side merey, and a letter indicating the Prestdent’s desire to spare the man’s life was received in town yesterday.” The jetter announces a commutation of the death sen- tence to tweive years’ inprisonment. itis worthy of remark that the conviction of Purdue for tie offence charged 13 the nrst wat nas taken place | damesvurg, and the Court, on bie ‘suspe e. THE ERIE RAILWAY WAR. HUNT AFTER FACTS AND FIGURES. Extraordigary Ignorance of Erie Officials About Erie Affairs. The reference before Mr. Kenneth G, White, the Master, in regard to the 69,054 shares of Erie stock claimed by Heath and Raphael, the English share- holders, to be thelr property, was resumed yester day. Mr, Southmayd made an energetic hunt after facts and figuresconcerning the stock in question, and elicited the fact that the auditor of the Erie Company did not know, as be swears, of the issue of the convertible bonds for $3,909,000 until he saw a statement to that erfect In the newspapers, Mr. Southmayd and Mr. Tweed appeared for th Engish shareholders, and Mr. Beach, Mr. Morgau and Mr. Lane appeared for the Erie Company, TESTIMONY OF THE AUDITOR, Giovanni Morrissini was the first witness ex+ amined. He testified as follows:—[ am the anaitor of the Erle Railway Company, and Lave becn such since Febraary 11, 1870; 1 keep the general books of aAccount—the journal and the ledger; there is a cash book; it Ia kept In the treasurer's office; the acy counts of the transactions between the Erle Raliway Company and Willard, Martin & Beach are kept in the leiger; 1 did not kuow in December and January Jast that two convertible bonds had been issued by the company; 1 frst saw an account of thelr issue— one for $2,000,000 and another for $1,000,000— 1 the newspapers; I did not know in December and January that 30,000 shares of new stock had been Issued; I first heard of such issue from the newspapers since this inquiry began; the ledger is posted by one of my clerks from my cash book, but I supervise It; this book, which is called “The Tickler,”” contains an aycount showing the money paid by the company to Willard, Martin & Beach in December and January, 1871; it is the original book kept at the time; I produce the ledger showing the sums of money paid to Willard, Martin & Beach from De- ceimber 28, 1870, to January 4, 1871; It is the ort. ginal book Kept at that time; Lalso have the journal Jor the same period; the-e 18 no entry imany book of the company in my departinent showing that it re- ceived anything as the proceeds of two convertibie bonds for $3,000,009 issued In December and Janu- ary last; there 18 no entry that I know of tn any vook of the company containing a statement of the issu¢ of the convertibie boads or of the proceeds of the sale of the 40,000 new saares; When bonds of tha company are created they are generally entered or registered by me In the beoks of account; the failure thna to onter or register such boads would neces+ sarily render them incomplete, Q. Up to wis date las there been any entry in any of the company’s books of the issue of 30,000 shares: of new stock and the proceeds of thelr sale, or of the issue of convertible bonds for $2,000,000 and the proceeds of their sale? A. There is a book in the treasurer’s of bills payabie, but they properly go into my leager; there are 20 such books in the ofce of the company that 1 know of as books of bonds ayable; there used to be a book of conyertible Bonds kept in the office of the company, but It was closed long ago; if a convertible bond of the com- pany was issued I would not make an entry of it uniess ordered to do so; there 1s no entry that £ know of in any book of the conyertuble bonds for $8,000,000; there Was no entry of them made by me. On the morning of December 28, 1870, the account between the Ere Railway Company and Willard, Martin & Seach steod $2.0,000 in favor of the lat~ ter, and the sums received from them during the ensuing month were credited to us; Mr. Gould was: not credited in any amounts; |don’t know how imuch Willasd, Martin & beach had loaned to tue company over and above what was retarned to them during that period; the running aud operating ex- penses of the company during December and Janus ary last ave contained in these books; the receipts from the revenues of the road in December, 1870, Were $1,953,885; the company’s account with Willard, Marun & Beach 13 a running account, and stl exists; it does not contain any reference to the issue Of the 40,000 new shares, nor to the lasue of Ule con- vertible bonds. ! Cross-examined by Mr. Beach.—Q. You alluded to the convertivle {und book being closed; did you enier in it the proceeds of such bonds until the re- ceipts on their issue camein? A. I did not; and wien I entered them { generally entered the autho- rity by which the bouds were created. I closed the bund book one fine morning, because I had nothing to put in it; if these bonus were given to Willard, Mart & Beach as security for advances, that would not be entered on the books of the company unless ordered; at the ciose of January last the Erie Company owed Willard, Marun & Beaca $25,010, for actus! money received from them for the goneral purposes of the road, £ do not know what security Willard, Martin & Beach held for that amount. At this point of the inquiry the examination of the Willess Was suspended to cnabie him to draw up a written statement of tue casit for December and January last. doun A, Hilton, the transfer clerk, then took the stand, He deposed :—Tire 2,500 shares of Erie stock issued to T. J, witus Deceuiber 28, 1879, are credited on the books of the company thus:—The amount issued by the company ou account of converuble bouds, issued December 28, 1570, ts still standing to his credit; the whoie amount of stock credited to ils Dame is 12,000 stares; Mr. Titus 1s a clerk In the firm of Willard, Martin « Beach; when the books were closed in February jast 9,750 shares stool to fs credit; im December, 1870, 2,600 shares were also sued to EB, K. Willard & Co., On account of convertidle bonds, and at pre- sent 10,690 shares remain lo his evecti; 2,500 shares dsstied at the saine time (o Willard, dartia & Beach are credited to the same source, a3 are also 2,609 shares issued to Forrest, Willard & Co.; 6,500 shares Issued m the latter part of Deceuber, 1870, and 500 hares issued in Jauuary, Isil, to William Heath & Co, are credited to converuble bonds. Q. Isdames H. Cotcinan credited with any stock ? A. Under date of September, 1570, James HH. Cole- Y, us receiver, is credited with the stock cluimed death and Raplact, aud the actual entry of the transfer in the transfer beok took place a day or two aflerwards, Certainiy before the election, whic of Uciober., Mr. Coleman voied on at the Jast viection, t at the last election, , Were given ip favor of cace Was futher adjourned Ull Monday. Paci: Railway The enit of James Fi ‘ The Union Pacife Ravivoad Company, the Crédit Mobilier of America aud otuers, ts removed from the State Cours to the Uatied States Cireuit Court. Yesterday Fisk fied lis atnendod bill in equity in the United 8} eus Court, The bill prays that the estai and management of the Credit Mobilier of America the | atom Paciie Rat witty UWtt all the ace siween these partic vat ihe Cnion Pace raged irom receiv ata of hand, and that be taken by a receiver appointed’ by the Court. pone JUVENILE GEPRAVITY IN JERSEY. A Sad Chapter Leomtestic Miseries. About a year ago John Bannon, @ boy about twelve years of age, was beiore the Mercer coanty judges, in ‘trenton, N. J., on a charge of stealing. Scnience was suspended, on the promise of the father that he would seud the boy to school aud look after him. Last summer the mother of the boy committed sil elde by jumping into the ¢ Delaware aud before she died was seen to kneel down, say her prayers ane bow her head. Vhew she r pler of the velling mai and ‘The boy, whom the iather promised to look afre Das been begiected, “‘vhar last, in Tres ton, committed deliberate and wicked mischict, gobig iio A garden eid digghig up a lol of hovers The tw oot edd Seti and tansplanting then im another lot Was tisions to pe xent ty ihe Reform y tenes, seue Him t A PROFESSIONAL SWIHDLER. At the Yorkyitle Police Court yesterday J. % Jreland, Who has been described on several ocea- sions in the pr of Utis city as a@ professional swindler, was arcalgued ov a charge of false repre- sentations preferred avatnst him by Renben I. Plasa, of 203 Bast Twenly-uiuih street. The facts in this case have already beew published In full in the Hevatp, and necd hot recapitulation, —Treiand Wonted simply to become a partner of Piass by falsely representing lini cif as bemg worth $150,006, when he was bardiy worth a cent, and had judg. ments agaist lum of $12,000, ‘The ease came up for examination yesterday, when cousiderable test- mony Was taken on both sides, mud it was ad+ Jouried Wiul Uhis morning. 3H * A. DOUGLAS TO BE SOLD ors announce that Vo of Dotglas ii tiwt city is to be sold for it uppeats in a communicauon from the Coliector to the Counciis that an assessment of $2,200 Jor Hoprovements iid been made upon me ground wherein reposed ail that was mortal of the ue gra u under the law of Congress of 1780—the only jaw, we heleve, on the statute book applicavie to the crime for Which Purdue vas tried and convicted, } reut he"siill be CoMpEled to Droge Littie + dod hat as the courts have given Judit