The New York Herald Newspaper, May 25, 1871, Page 5

NEW YORK HERALD, THURSDAY, MAY 25, 1871.—TRIPLE SHEET. 5 Koudadeniet, mins doers ema "| PE REVIEWER REVIEWED to felony is manslanghter tn the first degres.”” from on assault does not amount in law to | 7s THE CAR HOOK MURDER. | Bei Ss, feet ws tae has) THE COURTS. eee re it ia nawres from ‘ali the gem heat of HOR, int e ae and a= wenn teres ordered. SAT ro be y give’ tue. prisouse th 4 Violations of = SPECIAL | in pound to give the prisoner the bene. | un as the statutes declare ons tho Internal Revenua Law—Al- PLEAS—SPECIAL TERM, . doubt and find the lesser intent, icide, is manslwaghter 1D . i TRI Conclusion of: the Trial of William Foster for | 25 te’tne seventh and chat, whl noe ealirely sult egy ere’ “The killing of another ia | 220d Attempted Murder on the High Seas poeirer sa RIAL OF DR. SEARS FOR OUTRAGE. the Murder of Avery D. Put comane ee Cen gnte | am Inelined'to adopt therm | Benes cs Beacon edly hg ju baph sneak: oe 4 The City Paying for the Draft Riots—Jim By Judge Joseph F, Daly. ~ See, * é char om mT to presa on Mm or im dec.ared titiabl Fisk, Jr. ad Prank Leslie vs, SaraW Arn Leslie.—Motion to * 4 moe right a taps tho killiog, that the pap ‘Se CERUMAUKOST de ihe niet ‘dogree.”” ey Sie Ae Coat ee order vause on calendar, to file note of tasue, &c., Testimony of the Complainant--An Adonis4 JUDGE CARDOZO’S CHARGE. The Case Submitted to the Jury. arising, prisoner assaulted the deceased with a premeditated dexign to effect his aeath, EKighth—The only malice which the law presumes from the act of killing is such malice as 18 requisite to constitute, with the killing, murder in tne second degree, and those cases of murder in the first di which are speci- fted in the second and third subdivisions of the sections defining murder in_ the first degree, and in tms case the jury have nothing vo do with the crime specified in th said second and third sub-divisions, 1 charge the ex “The involuotary killing of another by aay weapon or by means neuher cruel nor unusual in the heat of passion, im cases other than such as are declared in the statute to be excusabie homicide, are manslaughter in the fourth degree.” This, | believe, covers all the instructions necessary in this case, except to say that the prisoner ts entitled to the benefit of any reasonable doubt ‘ou may entertain—not a fanciul doubt, ut & substantial, reasonabie doubt—and that wile good character may sometimes in itself generate a Against a Steamzhip Company. UNITED STATES COMMISSIONER'S COURT, Unatamped Tobacco. Before Commissioner Shieh The Unit a States vs. George Kermin,—The defend- ant, who 1s quartermaster of the steamer Saratoga, was charged with having in his possession a quan- denied, No costs to either party. COURT CALENDATS— THIS DAY. Surreme CourtT—Cincuir—Part 2—Held by Judge Brady,—Nos, 1074, 90%, 12, 6%, " 1d8, 1854, Sig, G4, 26u}g, 1204 25835, 204, Surkewm Courr—SpeciaL TarM—Held by Judge Sutherland.—Case on, SUPREME CouRT—CirAMBERS—Held by Judge In- Suceess with School Girls. The examination tn the case of Dr. Rdwara J, Sears, of the National Quarterly Revlew, enarge with @ violent assault upon nis cousin, in O'Keefe, Of No. 483 First avenue, was resumed bj Mr. Justice Dowling at the Towbs yesrerday morn ing. nmth—Yo make out jn this instance a case of mur- | doubt whether it shall apply in avy pariicular case {8 ranam.—N 8, ¢ 5, 178, 177. . e Scenes in Court—Waiting for a Verdiet— | der in tie rst degree one kind. of malice is essen. | @ question for the jury. The case, gentlemen, with | tity of unstamped tobacco and attempting to sell the | "'Surnvion Cocke cbart rela by Judge dones— | _Mt% O'Keefe eross-examines—My husband te { thal—viz., a premeditated design to efiect death, | all Its momentous mmportance, 13 now about to Le | game, The prisoner was arrested by Deputy Mar- 805, 803, 857, 847, 1037, 1041, | Me StX months ago on acconnt of this case and The Jury Locked Up for the Night. The excitement of the public consequent on the Foster trial seemed to culminate yesterday, The No other species or quality of malice ts sufficient, confided to you. It is important vo the prisoner, shal Croly, and while he was assisting to Itft the Held by Julze don't know where he 1s; last saw bin about dve and 1047, 1049, and this malice must be proved affirmatively to have | His. life is involved, Deal jusuy with him. 1013 4M- | tovaceo from tie chit een ‘03. 346, 732, 12 , existed to the sutitaction of the Jury beyond a rea. | Portnt to the people, Who need protection from | Yeyed to tne Federal, Bude, hen Seat ra aie 758, oH oe B98, 1248, 440, 73. 12, 624, 610, 75%, 6% | 9 naif months ago, In November or | i sonable doubt, like any other fact inthecase, I charge the tenth—The words premeditated design are to be understood as they are used in common murderers; for if lawlessness be nov restrained by the firm discharge of th duty by jurors, in @ pros Per case the hand of the assassin which destroys one om, runming up Cl and into Murray 8) tive, Who Was ov A crowd followed the mgt- aken by the Dejuty Marshal, MARINE CO M—Part 1—Held by 89, 5019, 6651, 470i, Part 2—-Held by | ox, 6374, 490% then had no employment; I wro' my husband left informing him of m, corridors Jeading to the court were crowded at an | parlance. Also” the eleventh—-A — premedi- | Cliizen to-day may attack another to-morrow. Care- | brought back and gately secured. He was held in Judge Joachinsen.—Nos. 6893, 5656, 5754, », 5003, | | Wrote because I felt mad at my bus! early nour with excited applicants tor admission. mee Pon gong Ros 1 pints pig ie | inily Eaview ing, oie de anh nor, cqunhe the sum of $5,000 ball to await an examina:ion. 5910, G9L1, 5012, 6913, 014, 5917, dy28, '5927, 5¥2d, | me on his account; I ita week or two atwr At ten o’clock the doors were thrown open and | ay the instant of striking the blow, or onty I have adverted, and, remember Passing C rfeit Money. Ohbae sh audane one Beld bY Gunning A. | my hasband ieft; [wrote another to him in Augusd “Yadles and those having business wich tne Court | where the act follows tne formation | you areto do justice alike to the people The Untied Stats vs, John Thomas.—The defend | Redford, city dudge “ Miia ate. | Hl answer to one irom him; the Letter from Sears! were admitted. A larger number of ladies were present than onany other day, and among these ‘wereseveral f iends of the prisoner. Mrs. Foster and heryoung and interesting family occupied seats in the front rank of the reserved Space. Mrs, Foster was closely veiled and the children appeared as oblivious as yesterday of the Momentous consequences of the event of the day, as far as they were concerned, Precisely at half-past ten o'clock ex-Judge Stuart entered the court and took his seat by the side of his of the design instantly, and should the jury ind such to be the fact in tus case they cannot convict ot murder in tie first degree, 1 dectine to charge the twelith, except so far as itis emoraced in my eneral charge. I charge tho thirteenth—If the jury find that the prisoner’s sole intent was to commit an assault and battery upon the deceased, the resniting death 1s nut more than maaslaugater in the first degree, I cliarge the fourteenth—Gor character of the prisoner js an clement wnici, proved, the jury must take Into consideration In Making up their estimate of the guiltot the prisoner, | and good character of itself may sometimes generate a douit, where without evidence of goou character no doubt would arise in the case from the other over, you Will say what the truth of Unis ca: render your verdict accordingly, without prejadice or parcllity, unswayed by mm syinpa- tny elther for the prisoner or his most unfortunate littie family, or for the dead or lis weeping widow, and then you and everybody mast and will be satts- fled; for you will have done your whole duty to yourselves, to the community and to the prisoner. RETIREMENT OF THE JURY. The jury left the court at ten minutes to twelve o'clock. Very few of the spectators withdrew. Judge Cardozo remained on the bench, and at ten minutes to three o’clock he announced that the court ant was heid to bail in the sum of $1,000 to await an examiuation ona ‘we of having passed @ coun- terfelt ten dollar billin an infamous house kept by @ black Wouan, Alleged Attempted Murcer on the High Sens. The United Staces'rs, Montivel, Shea, Wuod and Others,—The defendants, who are seamen on board the British ship Manitoba, are charged, as already stated in the HERALD, wiih having attempted to Kill the captain and mate of that ship—Durkee and McKennan—while on a voyage from Cardiff, in Wales, to the pors of Now York, The examination ‘ aul Boas and nan Boas, counterfeitmg trade ma same vs. Frederick Cartland, grand larceny; Same vs, Wile ‘arrell and Barney Feeney, robbery; Same vs. | Charles Smuth, graud larceny; Same vs. Josephine King. do.; Same vs. Thomas ‘Hardy, larceny from the person; Same vs. Hannah Rubenstein, receiving stolen goods; Same ys, John Rogers, disorderiy house, , murder une VS, THE AVENUE A HOMICIDE. Trial of Wi levine for Shooting iam He Mi marked © 1% in answer to my first letter; [thee calied at his office In August; in the letier informing’ hin of my hushand’s desertion [ said that Sears’: father was an tllegitimare son of Lord Kilgvain, imi Ireland, and that my father was not, and that nel should uot turn round an. make a lewd woman ov! me, Which he could not do; I satd further, £ would) wy and have satisfaction for tt, that I aid nob eon, to America to beg, for my learning, a8 all T had, waa paid for in treland; that is all of the letter I can ree¢ member. Witness was here examined at great evidence. Also the fi{teenth—The fact that the | would remain in session untii nine o'clock that nignt, | Nad been set down for yesterday, at twelve o'clock, % , length ag to the conversation between Sear: Unforumate client, At this time the court was | Sritmie one forwant voluntarily aud. gave his | ana iyo verdict wan returned tien the court would | BelOre Commusioner Smicids.. AL that, hour Mx. | Edward Hines—Testimony Cloned—Judge | lest as 9 ie conversation petwoon Seard crowded to the doors and as many persons had | james that of the unknown mao who had made | adjourn until half-past ten o'clock this (Thursday) | Arclubald, the British Consul, and Mr. B Bedtord to Charge the Jury To-Day. . : nee She Ores Va) Deen admitted as the room could accommodate. So | the assault is one proper for the jurv to consider as | morning. #. Russell, counsel for the prisoners, were "The case of William H. MeNevins, who is nowon | At that time he said he contd have given my hus« bearing upon the question whetner he had any in- Juage Stuart said that it was within the know. | 'M attendance, ‘The Commissioner informed 4 baud a good situation two years before, bat Ne sup, determined was the desire of those outside to obtain admission that, during the speech of the District Attorney, there was more than one interruption, caused by & noisy clamor and altercation of the out- siders with the police at the doors. To avoid a re- petition of this Judge Cardozo, before delivering the tention to make @ fatal assault. Also the sixteenth — ‘Waen the aci of killing is aumitted, aud the imtent with which the fatal blow is given is in doubt, proof of good character is material to be taken into con- sideration by the jury as affecting the yucstion of intent. Having disposed of the requests to charge, I shall ledge of the counsel that @ communication had parsed between the jury and the Judge since the re- urement, and if it was deemed prudent by the Court probably the Court would inform the counsel for the defence something of the nature of that com- munication, Judge Cardozo said that there was not the that the examination could not take piace then, as the mandate authorizing tne proceedings belore him had uot yet arrived from the State Departmen’ at Washington. The taquiry was, therefore, adjourned unul Monday next. The de- fence of the prisoners will inainly rest on the fact that they were overworked by orders of the captain and mase at times when there was no necessit the prisoners trial in the General Sessions, before Judge Bedford, charged with Killing Edwird Utnes, was resumed yesterday, when a number of witnesses were e: amined by counsel on both sides as to the circum- stances of the killing and as to the reputation of the deveased and the prisoner, posed Thad heard something about tim from mM friends, as [ had not called before; he asked me the bumber of mv house, got up, and, pulling @ five dol: lar bill in an env: , he gave ft tome; Etotd him dtd not Want money, a 1 had some saved up; he 1n- sisted, aud I kept the money; my fusband wi Jied in iamedtacely ater, and we three convers ther; on leaving defendant told m not detain you very long, gentiemen, in presenting | alichtest objection. Counsel was quite correct. ‘rhe a ? a PBN charge, requestea that all persons desiring to retire Fits cont to yous for, a3 1 have often remarked on riociterrifyent iy had.been pret ‘and he had re. | eXtra labor on their part, and that on rer CONTINUATION OF TESTIMONY FOR THE DEFENCE. not brine uy husband; he si Wouli do so, and that no person during the tme | ginilar Gocastions, 1, stall not comment. on the evi- | plied to it by saying that it was an inquiry as to a with oes panne. a row nap a In the gon i ‘The first witness was Arthur Kiusella, who was in tone oF votes as berore ‘the jury were being charged should be allowed in- | dence, because it id so I should probably convey oint Which he had fully ana completely charged iC capia discharged a revolver at one ot “ aa came in; nexe wen jury rs Heat tay judgment of fis effect and: might tnoreny Bol Mera ait ane tia ie pmpleks iy Charged | the seanien, wounding itn in the forehead. company with McNevins on the night of the oveur- | to’ the oitice the following Saturday: gress or egress into or out of the court, ‘The proceedings, up to the time of the delivery of intiuence your decision, which 1 have neither the right nor wish to do, because the verdict you are to word more to that charging. A consultation then took place between the coun- Charge Against u Tobacco Dealer, rence. The substance of his testimony was that while the whole party were drinking at the bar, in defendant cam for me fo the door; said he was waiting as he had no other business inthe city that The United States vs. L, H. Peithman.—The de- ay ©: “4 ; ~ the case to the jury, were characterized by a solem- | render is to be yours and not mine, and you and not | se: for the defence and Judge Cardozo, and the Peary’: " 7 2 @; day except to see me; he sat down beside me; Spok Jary, rf Lare responsibie. My duty will have been fully dis- | yesult was that the jury were pel fendant, who had been charged with not making | Fe#'Y’s Hauor saloon, Including the deceased, that | or fauiy aduirs, said 1 was the best looking of thi Rity and order that was very awe-inspiring, and charged wheu I shail have given you — briefly, THE PRISONER er entries of his purchases of topacco, was held Edward Hines said to the witness he would kill family, 4% | looked like my brosber Comyn: he aske ro} ‘which appeared to have its effect upon every person | fn a very general way, the substance of the case | nad some time previous to. this retired to an ante- | In the sum of #600 te await the action orthe Grund | McNevina vefore he went to Brooklyn; after | If he siCuabOn FASE LeAtORNE OOS, ‘Im court, It was noticeable that Foster maintained | and of the theories as presevted by the prosecution | room, where his wife and family had joined him. | Jury. James Hines asked the party to drink the | 21’ him once a week; | as! him what for; hi the characteristic absence of feeling that he has | #84 the prisoner and stated to you the law. The | ‘fue Court and jury walted for moro than @ quarter ct said he Would like to have me visit him, a sine ng rosecution charges and 1s bound to prove that on | of an hour for the appearance of the prisoner. At SUPRRME COURT—TRIAL TERM—PART 2. second time Eaward and James Hines | he seen me last, he could not rex i shown so remarkably throughout, not only during | the 26th day of April, 1871, at the city of New York, | the expiration of that time he entered the court peda started to go home; they were outside about | Ud was sick; fT told mim as of ha q Mr. Avery D. Putnam received a wound by a blow been educated In @ convent I coma not the last few awful days, but ever since he com- mitted the crime. Among the ladics were several ‘who had known him many years, and they all said that a kinder-hearted, more considerate man, and more sensitive man, was seldom met with ‘when sober; but that when he was overcome with “drink” he was as though he were possessed of a devil. During the deivery of the charge he paid the closest attention to the utterances of Judge Cardozo, Dut his countenance was utterly blank in tne mai- Sation ofany sign that tne Judge was summing up either for or against bim. CONCLUSION OF THE DISTRICT ATTORNEYS ADDRESS. ‘The District Attorney, im continuing his address from the previous day, took up the thread of his argument as to provocation and said:— with an fron hook at the hands of the prisoner, and that in consequence of that Wound he died on the 2sth of April, 1871. There is {ifthe 9 no dispyte by the prisoner thus far. But just heré the unfortunate question arises. The prosecution asserts that that killing, in view of the circumstances atteraing tt, was murder in the first degree, and that presents the principal question which—applying the law hs I give it to you to the facts as on the evi- dence, as yousnall find them—you are to determine, Before you can convict the prisoner of murder in the first degreé you must de satisfied, from the evi- dence, not only that Mr. Foster killed Mr. Purnam, but that he na so from a premeditated desizn to effect his death; nut that premeditatet design need not to have existed for any particular length of time; and ifyou believe that that design was entertained by Foster, though you also believe that he found it only on the moment before he struck the blow, that will be sufficient to sustain the charge of premeditation. Without the slightest trepidation or confusion at finding that he had been the cause of so significant & panse, bit ‘araozo then spoke as follows:—Counsel for the defence, gentlemen, have called my atien- don to two requests which they presented to me in conjunction with the others, but in a manner not to indicate that they desired istractions should be given upon them to the jury. They nave asked that [ should instruct you in regard to them, and [ add these in conjunctien with what I have already said to the yury bearing upon the general subject of this case. They ask me to charge, and | do charge you, that, although Foster may have intended to Assanit and di premeditate an assault, that 18 not the premeditation necessary to consti- tute murder, They ask me to charge, and I do charge, malice cannot be inferred alone from the character of the killing, nor alone from the instru- ment employed. I say to you, gentlemen, as | have said berore, you must find, before you convict the Another: Bill for the City to Pay en Aco count of the Riots of 1863. Betore Judge Brady, Alerander E, Ovr vs, The Mayor, ¢c,—In this case, the facts of which were fally reported yesteraay, aud which, it will be remembered, was an action to recover the value of ® grain elevator, steam boiler, engine aad other machinery connected with It, de- stroyed by a mob during the riots in this city In 1863, the jury rendered a verdict yesterday, giving the plaintiy! the full amount claimed, smounting to $63,953 48, cluding tuterest, SUPREME COURT—CHAMBERS. Deeisio By Judge Ingraham. Alma M, Tilton vs. Theodore H. Tilton. —Report five minutes, when Kinselia heard a noise, and saw Ecward struggling with James, who nad’a knifo in his hand; the witness saw Edward take the knife from his brother, whereupon be (Kinselia) walked inside and saw McNevina in the back room; witness stood at the door of the room and heard the report of the pistol three times jn succession; then Edward Hines came in and said he was shot, anda he helped him as far as Twentieth street; witness did not know where McNevins was at the time of the shoot- ing; the biade of the knife was avout three and @ half inches long and was double the size of the smnall pocket knife shown; the deccased was a bad characier and a fighter, and the witness had been with him several umes wien he challenged men in the ward, vents could not live without & man; then asked if wouldn't be his Margaret and at lis death he woul leave ine so much, and any money | wanted f comb have; he said he would get my uisband a situation, because he Knew I Was a virtio is Woman. Here the complaiuant was taken suddenty Ul, Dre Harrington was called, and white recovering fron her temporary illness Judge Dowhng was vaccinated: for the eighth time Witness conunued—He then handed me a letter from a young tady attending a sc’ Said Chee young ladies wrote him from school: 1 laid in dowu; | felt so bad Lcould not read tt; he said when he went tot nonls. the gous ladies took hun to their bedrooms and showed him all over, and! I should not chink so much abont If; he thea asked me if | would not do what he wanted; [ said “No, J would scrub the sidewalks of the city before E would commit a mortal sin tnt sud, “Oh, you would not sibal! commit such asin; he said those who were in ane i is no ——— : : The general theory of the prosecution is, that aI ey 2 ‘ i x s io sat Assistant District Attorney Sullivan searchingly a If a man kills another without any provocation the | Fettok verter the matter about opening’ and RIS EAE ECT DE RT eee aes of referee confirmed and judgment of divorce } crossexamined the witnesses for the defence, withe | to ‘do what I want, but it Is to stout,’ | Jaw implies malice. itis the premeditation, itisthe | shutting of the door of the cat, sat | sign to efiect his death, and 1 have only to repeat to | 8tanted. out, however, eliciting auy serious pulntsof variance | be then suid he weutd not force me to do pm bo el pieee ott omer to Souths Ep down Beside Mr. Putnam, asked him how far | you that you are to consider all the circumstances, H. E. Pogue et al, vs. William BE. Bautch et al— Gs a i Re ( . Feraey sabmlliveae ata POU phy Hil Ou bie lence of murder. Now, gentlemen, was there an, t to ride, received no auswer, and repeated et 3 ) st rr felix Golden, a carman, who was in this saloon, ‘l LO : 'y 1 he mean! ps the character of the Instrument used, the threats | Motion grantea on payment of taxable costs. testitied that after the shooting the deceased came | ter; he then told me fo sit on the lounge Faves en m this case ¥ Nettter Foster nor Mr. tham ever saw each other before. Mr. Putnam the question; sul! had no response from Mr. Put- pam, and then, clenching his fist beside him, sald Imputed to him, his subsequent declarations, the manner in which the blows were inflicted, every- ‘s—Motion dented, WN, B. boagley v8 Me H. déaelo' The Home Tisuranes Company vs, Joseph Alien into the barroom, and that he (Golden) found a kuife myself oit until be wrote the raised and the shutt ter; the Window was ¢ then sat beside uscd no insulting word. Yet, deaplte of ai this, | to Mr. Putnam that he (Foster) would go as far as | thing connected with the occurrence, and say wit a blade over three laches long on the floor, De . w ‘ C ted ‘ bond,—Motion granted, : y ( | on the lounge and ‘ ” ok i! I ae “ feree confirmed as to alimony; $500 for counsel LT ° te sella the witness described in language unfit for re¢ $e Te Parone Due the living witnesses, Who saw | a few blocks betoro reaching Forty-sixth street went | exist, but itis to be found from the circumstances, | fee, with leave to apply for lurther counsel fee It ac- | Hummel, | Tale wuness contradicied Kinsella by | Proauction the aileged aitempeat outrage.) ‘Tion f Sie transaction, who do explain it. With regard to to the driver of the car and asked him if he had a and those circumstances must be judged by you as tion is continued. tive munutes veiore the shooting. told him t would tear his clothes m ribbons u he the oe aed. fa OR th ffesls ae etaes Ree amount ee Poremnone cheothenase Piece aay these additional iusiructions the Thomas Hotornay vs, Stephens and Haydock.—Mo- | "*Ayranam Huiumel ytestified that Golden showed | did not let me aione; he came towards ma Occurrence Foster had memory enough to remember | of the car seized the tron hook; the driver caught ne nr -adalit 16 tion granted in both cases, the knife to him four weeks since, and ue described | OR the lounge he ic the door anu pub Wha: he had done. At the depot, when the twocar | jmroreanght at him, and tried to stay hia hand, | p ge Ju‘y again retired at twenty minutes to five | vais Hoy vs. Moses B, Bramhall et al.—Motion | iyag having @ large blade. the keys on the he dragged mes conductors were writing the report of the assault, Foster Gated up and said, “I’m the man who to bat did not succeed, and as Mr, Putnam was aligiuing at Forty-sixin street, one loot yet remaining on the *"* gHE JURY LOCKED UP FOR THE NIGHT. At nine o’clock a deputy sheriff informed the granted, SUPERIOR COURT—TRIAL TERM—PART I. Charles Dempsey swore that he knew the reputa- tion of the «leceased to be that of a desperate charac- oif the lounge to the floor, and one haud, and hetd he said | hart him and was so. T seized nis clothes; 8 Fo overcome hires jaated that he stood id Itt, the consideration of the | step, Foster struck either one or two blows—which - . , and that in the fore part of August, while * 2 a Or annihilation of the — facul- | itistur you to say—producing the injuries you have pa ne Fe eran oh apereae dovilenaten dit ‘ standing on tie corner of Sixteenth street and ave- | UP; 1 mades Boasany een a ae wo yo eg over ; Hex, Foster knew that ne tal That | heard described, from which he lingered from April | to return a verdict. ‘The doors were then. locked How Jim Fisk, Jr.’s, Innocerce was Imposed Bue A, the deceased came up ang jgakea him at ne j pectin earn open door, @river’s hook, aud he said to the driver when he got | 26 to April 28, when he died at St, Luke’s Hospital | from the outside, and the building cleared of all the Upon. hat seen the prison intact Ser chad ihade ROOIMET ARAMIDUIOL, CO BARTER UaPACter bo the depot, “Let us take a drink,” and they took in this city. Now, gentiemen, as [ have beiore ob- whereupon the de 4 anxious, Wailing crowd, The room in which the Before Judge Jones. ‘i , but I got away and went to the door, telling him two drinks together. It was withont ‘ocation; | served, very little, if any, of this is in dispute, for 4 Resi F $ and puiled out @ knife and said if he caugit Wile | but} got away and we 4 nah Weil Hwas doue wiih invent, premedication aid taaiees | 105 learnew zealous and, excelleat wentlemen wuo Manor Geeoiay ween Uathu tant pate weuer ts oiee. James Fisk, Jr ve, Gorham Gray.—This case, | am MeNevins he would put that into fim, or | Would kick it open, that 1 dit nov joel well and ‘the evidence of all is that he resolved it in his mind; belooked Jor the instrument; he went round tae eat side of thé cat; he stole upon iis victom from ind, and he is therefore fairly responsible for his principally conducted the defence, with character. istic candor very early stated in your presence that Mr, Putnam was dead; they aduitced that Foster killed bim; they aamitted tnat he killed him with the ing up atthe windows and getting an occasional glimpse of a juryman, as he beguiied the ume by Counting the leaves on the trees in the Park, and counting the vehicles as they passed up and down Which has been before the courts ad nauseam, end in its vibrations before the federal and State courts affording a very lively representation of an animated words to that effect; the witness saw Lhe prisoner and told him ty look out for himself, that Edward Hines was looking for him; the biade of the knife would come back on Wednesday let me go; he said he would come again; 7 cried; I stayed in the would let me go If struggled violentiy -and hat unul & recovered was 81x or eight inches; the accused was always ip duct. If this is not so, farewell to th jon near hook. What they dispute, gentlemen, 18 fame of battledvor and shuttlecock, came up in this | dread of the deceased, ‘who was the terror of the | from the excitement; he change me mot to tell Gr chitiren, and your wile, farewal “fo your t {hecocigsion’ which the prosecution ask yon to | Browdway, 0 See AT aimnbLativn. ielisiticr kevin ing at aes || EO my tusband, and to come om Wednesday; to get own protection, geitlemen, if Buch criminals ‘can | draw irom the facts which J have briefly natrated, < = ene ntes Jacob Weckerhensar, who formerly kept a saloon | 8way 1 prs mised him J would; did not see bin staik abroad and go unpunished. Was the jury sat- | and the ou = fats roven = Has oe: MORE SKULL CRACKING. afair—that is, the litigous beginning—the present | 1m Sixteenth street, ‘testified 10 acts of violence | Again at lis office until avout two months afer, but idea the lacta the prosccution attempted | These facts, an bit eclaration Swortia defendaa., a8 will be remembered, :was the plain- | Which the deceased committed upon ium, ana to # | Thad Ca sree at Staten wae and once au to prove were true? Did the prisoner inflict the | way, that Foster, after the killing, sal uf, and sought to recover some $27,000 claimea to threat that he would shoot him right down. the New York Hotel tn the interim; it way between biuw, knowing what he was doing, and did Mr. Put- | man, who wauls me? I laid him out, Fatal Result of a Spree—Pos a Murder— ” ug! Q Luke Gleason, & member of the Fire Department, | ten and eleven A. M.; 1 saw lum lus his office; (ue Jrom the eifects of this biow? . The counsel} upott wits le to show that Foster acted from OMicial Iuvestigution=Iwo Men Detained | 0¢ due him by Fisk as the resuit of transactions on | swore that he knew Litnes, the deceased, to be | While there a gentleman and indy came in, he wold Sy the prisoner admit that the great mass ofthe | a Pot oe litstert cosiga: to kill Mr. Putpam. Tt is all fom account in cotton. He acknowi that | dangerous man; that te liad a dimculty with him | Me to sit down until he conversed with them; the jence 18 true. Now, the defence have fallen back | competent evidence, You are to say what deduc- ae Witnesses. ‘isk advanced him $16,000, but says this was | once, and tat dines went into a blacksmith’s shop, | Zentieman stayed fiteen minutes; the deetor wanted hots pou. obmcacter: ‘whe District Attorney then | trons shall be made trom it Does it convince you ‘The mysterious mania in regard to fatally frac speeaty avamped ae oe stlsrs| br war en oe and came behin pel pated batt yf Daal where- if Be te eG amy Le a Feral em rred case . 3 K 3 8 y ti in of re expecte: my upon @ woman hallooed, “Here he comes with @ A FR Feierred to the ease of Dr. Wedstor, whose rept | that Foster mennt to KUll MP. Putoam, and that tbat | turing skulls stil continues, as will be seen by tie | Pendsomely. but did not, atid that, Fisk remains to | sieage hammers he wi eilyouce The withess seed ce | the iady loft the odice agdTentercd, waen he asked were beyond dispute, intention was the result of premeditation, as T have report of the circumstances attending the death o advance more, he advanced from his own pocket, @ mao in the street, “Have you got anything with what | came Jor, a3 ne had seen my husband the day: carriage, it term our if i about nis duties" as. though aparently nothing had | Goes then, whether: tage premeditation woe ot jong suothet vidtim, na developed Ueforé Coroner Keénian | with s further loss ‘of $27,000. chargeable, Os ho | you that will protest a dan? and he said, “Ye” Tee ee Abie A cate WIC eae aes Sas “| r ” clut Fisk, who by agreement, was fo poc! Witness poinied & pistol at him, and he ran aws ng 3k ask a8 bappened, thor Dr. Parker had entered Dr. Webs | or short duration, whether the intent was formed | yesterday morning. two-thirds of the profits, or, if the ‘balance ran the | into the hous ase 4¥ | asked nim not to do anything; be said he couldn't Bier’s house and never came out of it alive. Chief Justice’ Snow said that good character could not half an hour, ten minutes or but on the mo- meut of the fatal blow, if the design were Thomas Coogan, & man thirty-six years of age, other way, make good two-thirds of the losses, Fisk brings Henry McNevins, the father of the prisoner, testi- tell; he said he would not do anything for me, as f would not do as he wanted; | thea toid him L would . Webster, and although after written con- | to take life, then the killmg of Avery D, | recently lived with his family at 670 Second avenue, | While this suit is etill pending fled that he was quiet anu peaceabie and a steaay ¥ Raion be begged ‘he might bespared afelon’s grave, | Putnam by Mr. Foster was anes in the first de- | He was addicted to the use of Mquid poison, and vaises Lid git tvinvis ites neraove pa fs. 8 eran wha isa MEAD AAG? ke } petty pale — Ke te SOR ae a Me, vo the rigor of justice knew no exceptions, and tuto | gree, aud you must uot hesitate. Youtmust not con- | on quesday of Inst week was indulging x a y, gave is verslon of the afatr, star. | le arose aud, locked | Wy aying he would & felon’s grave he went. Now, good character will not avatl this prisoner. Now, wiat had this man of ood character done when he saw Mr. Putnam in in the bed of deathy Me went away, Saying not one word of sorrow: he showed the same hard indiiterence he has shown to the ast. In clo3- ing ihe Instrict Attorney urged the jury to be firm gud fo ailow nothing to influence them In the doing vict Foster of murder simply because Mr. Putnam 18 dead, but only because if you so conciude the proof satisfies you that he has been brought within the rues of law which I give you. But if you so believe, then, though you may sympathize with iis faintly in thls dreadful catastrophe, that must not influence your verdict. Your duty to the dead, to tue living— your oaths forbid it. On the part of the prisoner toexcess, He continued his spree into the night, and atalate hour was in the groggery of @ man named Moore, corner of Thirty-filth street and Sec- ond avenue, In a state of gross inebriation. Whether Coogan left that place voluntarily or was forcibly ejected by the proprietor, or at his instigation, is un- to deposit in a trust company as a margin to eM and sell cotton; that the latter never made any sucl deposit, but appropriated it to his own use; that the alleged purchases and sales of cotton are fictitious; that he has asked for the particulars and vouchers, but they were never given; that Gray would not allow him to examine his books and accounts; thal in short, the latter pocketed the $16,000 and that ‘was the end of it, which money he (Fisk) says le is ing Unat fan he went to Brooklyn; thet When the pariy Were im the street the deecased made a rush at MoNevins, who struck nim on the head, and that theu de- ceased followed hin up, backing itn between tho coal box and the cart; the deceasea was right over the prisoner when he fired the shot; James picked up the knife and rushed at MoNevins, who told him twice to go back and then fired; ule nigut before me to the lounge; I got on the table and threatened’ to kill him with @ chair; 1 also told him my husbana Was ip the hallway, and both he (Sears) and L wor be shot; a dog Sears had began to make @ noise he then became alarmed and opened the door; we did not shake hands ou parung; that was the last 1 saw of him, ‘The final examination was adjourned till Satur- * i wo principal grounds are assumed, First, that the Ghadaues bo done. “eure on the wentern side’ of | face relied upon by tho people do’ not make out a | certain; Dut i aure that dlrectiy after midnight | entitled to receive, back, and thus Institute the | tls occurrence tie deceased tnd! w bide atm hs day morning. “suites fe, and When you and 1 shail sce the great white | design to kill, but only to beat. And, secondly, | ne was found prostrate on the sidewalk, immedi- present proceedings, As the case stands the | hammer, and said to the witness ne would ‘croak’? throne, shail be called to account forthe deeds dons | and this 1s) also heard as bearing upon 3 9, answer of Fisk in the United Staves Court consti- | McNeyins before tie weut to Brooklyn. A WOMAN TRAPPE im the body, and when on the black rriver we nad | your finding as to their first proposition, ately fronting Moore’s barroom, in an almost hetp- | tutes the complaint im the present action. The case Andre Truberg, Aaam Stoke, Alired Fetherstone ‘ that Foster was intoxicated, less condition, with blood on his face ana on the | Came up yesterday. Several witnesses were called, | and Bernaid Mooney, painters, wio employed paiahy Keli AHigi all to cross over, we and all our friends, all our ohildren, our country, may have the satisfaction of knowing tuat we have done our duty to our coun- try, to our friends, to our children, and when we Bear those heavenly belis riuging that bid us wel- me to a higher and purer place we may Know that that supreme and indescribabie moment you aud T have done our duty.” JUDGE CARDOZO'S CHARGE. At the conclusion of District Attorney Garvin's remarks Judge Cardozg charged tue jury as fol- lows:— Each of the counsel for the prisoner has submit. ted to me ceriain requests to charge, and T snall take them up in their order. First, as to the requests submitted by Mr. Bartlett—t charge the first that tie law of murder, as it formerly existed m_ this State. so far as it adjadged from the mere act of killing, although it could not be proved that the same was done of malice aforethourht, has been repealed. T charge the second as the law stands now, the kill- ing of @ human bemg without authority of law is niurder in the first degree, murder m the second degree, manslaughter or exensadie or jus- Uhavie homicide, accordng to the facts and circimstances of each case. I charge the Unird—it 18 exclusively within the province of the Jury to pass upon the facts and circumstances, ana to determine the degree of offence, ant under an tudictment for murder m the first degree the jury may find a verdict of murder 1n the second degree, or of any degree of manslaughter, 1 charge the fourth—If the Jury have a reasonable donbt from the evidence as to what degree of guilt to convict Of itis their duty to convict of the lesser degree. I shall speak of the iatter point first. There is no proof im the case that if Foster was intoxicated, or that the intoxica- Uon was other than his own voluntary act. Volun- tary intoxication furnishes no ummunity or excuse for crime, and even When, as herc, intent 1s a neces- sary ingredient in the crime ch: » Intoxication will not uifect the question of the prisoner’s crime unless the condition of the offender was such that he was incapable of conceiving a design, as was said in the People va. Kerney, 31 New York, 336:— “When one without provocation kilis another with @ dangerous instrument in degree of intoxication short of that which shows that the prisoner Was at the time utterly incapable of acting Irom motive will stueld him from the consequences of his acts.’” Unless, therefore, you find mis condi. tion at the time of this act—nis siibsequent condition being only material so far as it may bear upon 113 si at the time of this crime—to have veca such that ls mind was incapable of forming an intent, then his intoxication does not relieve him from the full consequences of his fearful deed, But in deter- mining what Weight you are to attach to this threat to give Mr, Patnam “hell,” and nis declaration that he was the man that iaid Mr. Putnam ont, a less rigid rale in regard to intoxication may be held. tn judging that you will consider exactly what his state was and give to them such weight as you think they justly deserve, And when you have done that and considered in the light of the rules I have given you all the evidence, you will say whether the premeditated tutent ty kill is proven, As I have mentioned, it 18 claimed by the learned counsel of the prisoner that the design to Kill is not fairly de- ducible from the proofs. ‘That, gentlemen, is purely @ question of fact, which belongs to you. You mnst pavement, and blood also issuing trom his left ear. About the same time Moore and three other men were seen in suspicious proximity to Coogan, but not together, the three strangers ranning away upon the approach of a citizen. Coogan was re- moved to Bellevue Hospital by the police and sub- sequently died there, as now appears, from a bad fracture of the skull. Coroner Keenan took charge of the case and examined several witnesses, The testimony in some matertal ports is quite confict- ing, which adds suspicion to the case, Below will be found a review of THE EVIDENCE ELICITED. Michael Kane, of No, 245 Fast Thirty-ninth street, deposed that at about twelve o'clock on Tuesday night he was going up Second aveune, on the west side, and when about midway between Thirty-fourth and Thirty-fifth streets he heard a heavy fall, and atthe same time saw three men standing on the northeast corner of Tulrty-tifth street and Second avenue; soon aiter hearing the fall he saw three meu run across the avenue and about 150 feet up Thirty-fifth street, where they stood; when the witness fet nearly to Thiriy-fifth street the wit- ness saw what looked like a body lying where he had seensthe three men; heard no noisean d saw no scuttle before the fall; ef the three men who ran away two were preity large and the other smatier; alter they stopped running he saw one of the larger men hand the smaller one something that looked like a club, and then the witness went home. Officer John Pigott, of the Twenty-first precinct, their testimony having reierence mainly to tele. grams connected. with the alleged purchases and sales of cotton, Mr. Fisk was also called as a wit- ness, He took his piace with @ broad grin diffused over Dis Capactous countenance, which grin very tule subsided during tne process of taking the oath, The following was tis evidence, wich, it will be seen, smacks somewhat ot the genuine Fiskiana:— Q, Look at Us paper and say if that is your sig- reread (answer to sult in United States Court)? A. 3. Q. Ig that $16,000 mentioned in your answer in the case in the United States Court the same $15,000 that you sue for tn this court? A. | think itis, Cross-examination—Q. Do you remember whether you ever read that answer? A. I do not. Q. How long have you known Mr. Gray? A. Six years; he is from Boston, I believe. « 4. What was the occasion of your giving him ne A. Do you mean the reason why [ gave Q. What was said between you that led you to er the money’ A. Myreal reason I have never old Q The question ts, what transpired between yoa and Mr. Gray before you gave him this $16,000?" A, What transpired between Mr. Gray and me, and What my reasons were for giving the mouey, would be two different things, Q. What tanspired? A. He kept bothering me about this cotton matter; he told me about fold mines and provts and ail such things as these sharpers tell an innocent man (laughter); he said there was to be no end of profits, and, as L thought, no end of losses, ‘rhe trial will be resumed this morning. McNevins, testified to nts good characier so tar ‘tney knew it; but In answer to Mr, Suilivan the w nesses said that. they did nor know Who Ia associ- ates were at night, und did not know whetuer he Went Wiit “the Sixteeuth street gang,” Otticer Eagan testitied that the deceasea was a wild, rough young man, and quarreisome wien drunk, but when sober was industrious. Sergeant Nicholson gave a siuular statement, and also stated that MeNevins went with the sixteenil street gang. Robert H. Lievse; with the deceased, 3: trious. This closed the testimony tn the case, and the counsel Will suum Dp to-day. FIRES. who had bosiness dealings 1d lic believea hum to be indus- Fire at Phenix, R. L.—Loss Nearly One Hun. dred Thousand Dollurs. PROVIDENCE, May 24, 1871. A fire at Phemx, R. 1, this morning, destroyed W. B. Spencer’s new block, the Phentx National Kank building, two hotels and other butidings—thirtecn in all, The toss 18 estimated at from $75,000 to $100,000, partially insnred. The bank_ valuables were saved. The principal losers are W, B. speacer, on buildings; Khodes Andrews, hotel; James B, Ar- nold, dealer ty furntinre, and ndertaker; James G, Suuith, dealer in hardware; win T. Lampuear, Job privter, The origin of the fire is unknowa, Arrest of a Dealer In Ladies—He Robs His Cousin tn O; Day, aud Has Letters in Hie Possession Proving the Trade He Has Care ried On. One of the most pecnitar and at the same time the most remarkabie cases came up before Judge Dow- ling at the Tombs yesterday morning, and shows toe great extent how young women are ensnared uy the wiles of ule and worthless men, As Sarah Campbell, of 173 Wooster street, was passing down Wooster sircet on Tuesday afternoon she was ace costed by a man named Orlando Valentine, alias James Riley, a resident at 65 West Houston street, who asked her if she had received “her money from White Platns.’? This latter remark referred to the fact that her mother, who lately died ut the later place, nad left her a stnail sum of money. He ts @ cousin of the complainant, and consequently appeared to be weil versed in the aifairs of her fam- fly. On the complainant stating she had received ait the money she would ever get im that quarter he avked her to give him some, remarking thas legacies snould be “wer? the same as anything else. She gave tim adoiiar and he subsequentiy left her for the purpo-e of taking a drink, When she bad given him the money she put the remain. der, amounting to forty dodars, in her pocket; out on Jeeling for ttafterwards she discoverod her ROLL OF NOTE: She suspected the pris information to tne police to have ht Late on Tuesday evening be was arrested while in a state of intoxica- 1 chu the fifth—More 1 necessary than | juage of tt from all the circumstances attending the | testified that just after twelve o'clock on the mera Sult Agninat a Cit: nilroad Coi : nena a plow with an instrument likely to kill ety from the act itself; the instrament mployeds ing of the 17th instany, while im Thirty-fifth street, mavonvin vs. The per ssiunl Dain Fires in Ohle. inate aim OOF ors, tue could, never ‘a aoe to constitute murder im the first degree. | the’ manner in winch the blows Ww deait. | near Second avenue, Mr. Moore met him and said a e bad 9 e ne veil mi Gow te y Datives his ively as ~ there must be intention, deliberation, premedita- | There is but Itttle T can sav to ald your deliberations | man had failen down in front of ins place; the wit- | pany.—In January, 1870, the plaintid, In getting of CERCNAPS, Hae 2:10Fk> || ROE Oe. anni work, 2 WeneclGlenn 8 urinke tion. I charge a portion of the sixth—To constituie | on this point. Ican but wlustrate by suggesting | ness rapped for assistance; found deceased lying | g Third avenue car, claims to have been severely in- The matn building of the Delaware Manufacturing tbe aaa seemed to have consideraiie mone; ‘ murder in the first degree the jury mast find not | cases, If a man strike another with his fsts, or | on the sidewalk on the northeast corner of Second Jured, her ankle being dislocated, together with | Company, tn Delaware, Unio, was burned yesterday. | Afler he was taken to\the pohice ation he wes only that the prisoner designed to kill his victim, but that tt was a premeditated design. | decline to charge the rest of i. charge the seventh—In do- termining the intent, as in determining any other nestion, the jury are to take into consideration all @ facts and circumstances of the case; and to jus- Ufy them in finding a verdict of mur in the first degree the evidence not only or an intent to take witha light cane ina mild manner and yet death ensue, undoubdtedly the imtent to kill could not be id to eXit; but if he took @ heavy iron rod and repeatedly and violently struck his victim wilfully and intentionally upon those portions of the head where heavy biows are likely to resuit fatally, one | would reasonably be likely, probabiy, to impute to j the assailant an intent to produce the result which avenue aud Thirty-flith street, where Moore's place is; deceased's head was towards the door and his feet towaras the curb; he had some biood on his face and some coming from the lett car; there was blood on the sidewalk near his lead; deceased was able to walk @ short distance, and, becoming weak, was placed in @ wagon and taken to the station house; deceased asked where he was being taken, other tpjuries, through the car prematurely start- She clatias $5,000 damages, SUPERIOR COURT--TRIAL TERM—PART 2. Lons of Bagange uw Ocean Steamer, Before Judge Monell, ing. Case still on, ‘The losg 13 about $50,000; msurance $30,000, The flames spread so rapidly that the operatives had barely ime to escape. Miss Heineman and one or two others were injured by Jomping from windows, The Alliance (Ohio) Exchange Hotel was burned The loss ig avout $20,000; partially in. searched, aud in addiven to a portion of the com- patos money there were two letters found on im which tended, Mm a great measure, to clear up the mystery regarding the manner in which he has lived. ‘These letters went to show that lie was act- ing as an agent for 4 man named Ferguson at New Haven, Conn., for the purpose of supplying hua with. . nf ‘ esterday. “YOUNG AND BEAUTIFUL LADIES lite, but of premeditation, musi: be such as toex- | naturally would follow from sneh an act. of 331 Kast Thirty-frth ste de} eawig Hirsehson the Hamburg-American | Xoret 7 i " et vel 3 case, et y " a ith good clothes’ tor immoral purposes, at the Setde bur that of tiie fi fast dagiee of ortine, Di sumply bat rar “or eaves in an ire night of the sechy wine gplbe ba a nue. Packet Company,—The plaintif in August, 1969, was ‘The four mill of William Horne, one mile east of | rate of from three to six week! a Th addition to Tiechine to charge the eugnth—E iieeline to charge | not asa rule ot law, but As Suegestious of reason to | he saw aman fail ear, tne corner of Putet att apassenger in the steamship Saxouia, from Ham eae geo rat eee aN tons ts these e epistles ue Was furniaued win 4 pass to xo to the ninth, I charge the tentn, Although a deadiy | wiich you w ve only such woight as you tiink | street; there was no on er ‘ itv. 8 +1 “ t % ut 10005 a bwin e b, d D hij fe proper: (eaving as 1do toyOU, exclusive of the agine, | crossed over to Lie opposite site of the sireet and | PUFECO this city. She claimed that her baggage, | Franklin, of Wheeling; Teutonia, of Cleve ort | steamboats, ‘This was @ kind of cate blanche ade Weapon Was used, it Is & question of fact for the jury asked which was given in charge of the baggage master American. of Philadelpmia—$2,000 in the dressed us & mere matcer of form to one of the to determine with What intent it was used. I de- | Uns and every otver question of fact what construc- | then saw Moore standing by the body, wh ‘ . ‘ i ‘line to charge tie ‘eleventh, except so Tur as Iti | ton sod. parupon it-and what inferenves you wil | humto ive hima uit; Moore (hen went for an om- | pu, tie steamer was not delivered to her, and | Knox Mutual, $4000; we Grain, of Maubactan, | captains, When arrested ne | denied the ; embraced im my general charge. 1 decline to | draw from the evidenoe, if you do not believe that | cer while tie wintess Waotied tise eT ge were | ithe defence was that all the baggage that was re- Me of Thomas R. Eaay, in Newark, was ior ieau faumiion Petore the toto aa ies — , e fell, 4 P Te : . Eady, ind . charge the twellth. I charge the thirteenth Foster had a premedstated Intent to kill Mr. Putnam, gore Tee en AISRAndes, ‘on Bellevue Hospital, ceipted for her was returned to her. The jury | algo burned yesterday. Loss, $5,000; insured im | he could not reach her pocket as it was away dow The killing of & human being Wines dle. o wine, of eourse, includes an inquiry as to his con- testifed that deceased was admitted to his care at brongnt in & verdict of $200 for the plant. the Knox Mutual for $4,000, in her dress, He satd there was no evidence to elect death, 14 the heat assion, | dition bearing upon his capacity under the rules 1 barin r eruel and wnnsual manner, is inno case dave given you, to conceive ademign, then the prin- | two jock on the morning of the 17th in a state Verdict Against the Harlem Raiiroad Com- against him in Se or seams) wat es murder or any crime greater than mansiauguter | cipal charge, murder in the first degree, fails, | of tnsensibility; he had an alcoholic breath and was pany. jCotton Mil Burned at sorwich, Conn. be ticle ane ge A pieny piped fon in the second degree. L charge the fourtecnth— | and his crime is reduced to some’ gradé | bleeding from the left ear; the patient rathed Owen O'RetIey vs. The New York and Hartem Noxwicu, Conn., May 24, 1871, count of the bithy manner in which she had beea ; Whatever the intention of Foster in assauitin; Mr. Putnam may have been if it was not a premedi. tated design to take his life it matters not how long the intention had been entertained, It does not hiter, of Manslaughter, Which it witl become your duty to designate, while you have the power to find him gutity of any degree of homicide less than tue prin- cipal one, J think it only necessary that I read to and was sensible for two days; May 20 the patient became delirious and died early the following norning. i Dr. Mexander made a post-mortem examination Raitroat Company.—The facts ‘in this case were fully reported in yesterday's HERALD, suit being brought to recover $16,000 for damages trom the ‘The picker mill of the Falls Company was entirely destroyed, this morning, by fire, which broke out in a portion of the stone building used as a picker and treated by the man Ferguson. Two witnesses testi- fled (hat when they went alter him, whea tue losa of the money Was Grst discovered, he said to the complainant, ‘All right, I've got it; come along,’? conatatute murder in the first degree, ou the statute as to mansiaugiter in the second, | on the body, and on examining the head dis- | piainti@’s foot being ran over by one of the derend- "i 4 MN Tespeot, to the requests Presented by Judge Yiird and fourth degrees, after saying to you thaton | covered a round depression, as if made by a ham. to cara The nF was pred dh yesterday, and | Japper room. After several hours of hard effort the | and potty ey ‘~ Se Dowling: hetd at, pps ‘ Stuart on behalf of the prisoner, I decline to charge | the evidence in this case, if you believe that the | mer, and on opening the skull a circular fracture of | y verdict of $200 given for the plaintil Names were extinguished without damage to the | stree! Rs n is the first, I charge the second—On this imdictment killing was without the design to efect deatn (for if | the base of the skull was found, ranning through pr witrtst adjoining milis, ‘The loss is at present unknowa, but | amination, the Jury can convict of murder in the second degree | you do not believe that, it 18 murder, as I have ex- | the peirous portion of the temporal bone, across the SUPERIOR COUST—SPECIAL TERM. it is fully covered by insurance, ‘AN ACCWENTOL SHOT. ov Of some One Of Lhe of mansiat plained to you), you may convict of manstaughter; sphenotd to the petrous portion of the other tem- cegrens , decline to charge the thi I charge the fourth— | or, if "you ihink that his guilt is not so great as that, oral bone, then backward to the occipital bone to Au Oil Trails Bi ed at Atl sy N. Ye “ fore the jury can orivice the prisoner | then apply to the facts of the cage the sesnon of the | the starting point, The Injuries were the cause of Deutetom. Hupeon, N. Y., May 24, 1672. ght —— bea nen yesterday, agar- of murder “in «the first. = degree they | statute f now read, and say within which you think aemsne By Judge McCunn. : sd as wee dener name re tzgerald, while carelessiy must find from the evidence that the | the prisoner stands, fo other witnesaes being presént Coroner Keenan Wright vs. Condict.—Order grauted, About eleven o'clock this morning an oil train | panaiing a navy revolver snot himself in the head, pyanaee, had a specific premediiated design to effect devea: {should remark that no one pretends that this isa adjourned the investigation tor two or three days. Patrick Hayes vs. James O' Brien, Sherif.—Same, backed into an engine standing on the track near inflicting @ dangerous, though not necessariiy fatal ue death of the p n being; | case of elther excusable or justifiable homicide, and | In the meantime the witness Abbott, and Moore, ¥ ihac they- mist be ‘sore te Say beyond a sense abe . thereiore, can be diamissed from your inind, | keeper of the porter louse Where deceased had been, | _ Jacod Rech vs, Matthew T. Brennan, Sherig.— | the oll depot, a short distance above the large {relight | wound, ‘The weapon belonged to an acquaintance, doubt that such was his specific design. f charge The killing of &@ human being without design to | were detained a8 witnesses, ie, Gepot of the Athens and Schenectady Railroad, at | who hud just warned the unfortunate man againsy the fifth—If the jury find that the prisoner when he | effect death by the procurement or culpable Captain Byrnes, of the Twenty-first precinct, 1s im AJsrea M. Harkness vs, Matihewo T. Brennan fire to the oil, One car, loaded with | meddiing witn it, Fitzgerald was couveyed to the etrick tue deceased Intended to inflict serious bodily aurm Yoou the degeased only, tue death resuliipg negligence of any ue when engaged in the perpe- tration of any crime or misdemeanor pot amounting search of further testimony calculated to uprayel the mystery at presen? suryoURdig Whe case, Surif.—Same, The Guarman Fire and Marine Insurance Com- Athens, setting ia of petroleum, and sixty empty [reight cars, were totauy destroyed, ‘The lows Is hob axcortained, Riverside Hospital, where he had prompt surgical aitention.