The New York Herald Newspaper, June 27, 1871, Page 5

ete THE COURTS. Niolations of the Internal Revenue Law—An Old ‘Will Case on Trial—Decisions—Busi- ness in the Genera! Sessions. UNITED STATES COMMISSIONERS’ COvAT. Counterfeit Revenue Stamps. Before Commissioner Shieids. The Unried States vs, Christopher Hogan.—The defendant, who nad been indicted in Obio on a charge of procuring to be engraved plates for print mg counterieit internal revenue stamps, was held yesterday by Commissioner Shicids to await an order of removal! from Judge Blatchford. Discharged. Mare Lenas, the cigar dealer in Fourth avenue | who was charged before Commissioner Shieids with having, in violatiun of the interna! revenue laws, relilled boxes with cigars, has bi consent of the District Atioruey, the evidence falling to the removal charge. COURT OF OYE AND TERMITE. Plea ef Manslaughter tn the First Degree and Sentesced ‘ten Years to State Prison. Before Judge Cardozo. This Vonrt met yesterday morning pursuant to ad- journment. The only case disposed of was that of Frank Wilson, indicted for murder in the first degree for killing, on the 28¢ of Jast Mare, John Brown, at 29 Cherry strect. Both parties, it will be remem- fered, were fellow shipmates, and on the gay of the homicide had been drinking freely togetier with another sailor at various Qrinking places In the Fourth ward, watil they fetched up avNo. 2 Cuerry sireet. Here they got Into an aitercaiion, wien the deceased, as appeared by the adidavits presentea and read, struck the prisoner a violent blow, aiter which the latter went ‘out and was gone some fti‘teen minutes, when he re- turned, and, drawing a Knife, rushed upon the de- ceased and stabbed hun through the heart, killing him instantly. On bis arraignment tor thal he entered a plea of not guilty, and lis trial was set down for yesterday, Mr. Algernon 8. Sullivan, Assistant District AL torney, suid he was ready to go on with the trial Mr. W. F. Kintzing, counsel lor the prisoner, said that on consultation with lis client and the District Attorvey he wished to witidraw the plea oi; not guilty and put in a pica of mauslanglter um the frst jegree. r. Sullivan said he wonld accept the latter plea. Mr. Kintaing read some extenuating nitidaviis, ani coniended that the facts of the homt- cide showed that the deceased was te frst assatiants that they had veen fricndly up to this time, and that the prisoner ba: always borne a good char- acter. The Judge siated that he felt it his daty to give proper consideration to the extenuating cir- cumstances as unfoided in the afidavits and st ments Of the prisoner’s counsel, and therefore s tenced him for ten years to State Prison. There being no ofier ¢.se ready the Court ad- Journed Uli this morning, SUPLENE COURT ~TRIAL TEAM. i New Trial of an Old Will Case. Before Judge Van Brunt. Jonn S. MeKintey beila Lamb, James DP, McKiniey and Sarah MeKiniey.—This is an action to set aside a will as fraudulent, the testator, as alleged, being of unsound mind and not of suMcient Yestamentary capacity to make a will, and the same Not being properly executed. The will in question, the validity of which is in controversy, was that of Joln 8. McKinley, who died January , city, in the eighiy-uinth year of bis age. During the 1 three years of his lie the deceased his home wita the children of a phew and mother, and the sthat he told various parties that he would never leave his nephew, John S, McKinley, sole executor and legatee undex te alleged wili and Plaintitt in the action, any of his property. The Sur- Touate refused to admit the wil! to probate. An ap- e from this decision yas made tothe General term, who ordered the case to be tried before a jury, ‘the issues vf fact being whether the present will was signed by John S. McKinley, deceased, whether it was witnessed im his presence, and whether he declared the same to be his last will and testament. The amount of property involved is some forty tnou- fand dollars. Cosiderable testimony was taken. For appellants. ‘I. E. Tomiinson; for respondents, Abeney & Dixon and EB. 8. Andersen. SUPREME COURT—SHAMBERS. Dectsion. By Judge ingraham. George D. Schmid vs. Charles Kircher Motion granted. COURT CF COMMICH PLEAS—3PECIAL TERM. Decisions. By Judge Larremore, Boomer vs, Browon.—Application demea, shared et al— Carpenter va. Carpenier.—Reference ordered to , take proof and report as to the amount of alimony. Morgan vs, Fiske.—Reference ordered. he Urbana Wine Company v3. Baker.—Motton granted, with leave to defendant to serve amended | answer Within tea days, on payment of costs, Howe vs, Berry.--Moticn denied without preju- dice, Costs to ablde event. Fitzpatrick vs. The Mayor, &c,—See opinion, Jarvis v3. Pike.—Same. Lauterbach vs, Varroid.—There should be an order | to show cela a temporary injunction. Hudson vs, Mudgett «¢ a!.—s udgimeni for plainuft. Notice to the Bar. Chambers will not be held on Saturday during the months of July, Angust and Sepiember. All motions ana orders returaable on such days will sland over until the ensulag Monday. By we Court NATHANIEL JARVIS, Jr., Clerk, “COURT OF GENETAL SESSIONS. A Missouri Mercaant Convicted of Swindling. Berore Recorder Hackett. ‘The whole of yesterday was occupied in the trial of George H. Smv6n, formerly an extensive whole- sale liquor dealer in Kansas City, Mo., charged with obtaining goeds by false pretences, There wero peveral charges against him, but Colonel Fellows | tied the defendant upon a complaint made by Tif- Jany & 00. N. R. Squire, @ salesman in that estab- lishment, testified that on the 17th of February the prisoner enternd the store, represented him- self as James B. Smith, of the tirm of Jewett, Smith & Alien, of Kansas City, Mo.; that be was going to be married ana wished to buy some jewelry. Fer ceed & pair of diamond ears rings, @ aiamond cluster ring, & diamond cross and @ gold watch and chain aud a piain gold ee amounting 10 ail to $1,006. ie relerred to M. KR, Cook & Co., 67 New street, Tittany & Co.’s collec- tor made inquiry and they sent back Word that he ‘was responsivie for $1,000, The prisoner iook the goods and requested the clerk to draw upon him on the German Savings bank, Kansas City, for thirty days, giving lin five days’ notice to provide iunds for ite payment. District Attorney Fellows was 60 anxious to con- | vict this alleged swindier that when Sintth was acquitted last week upon a techuicality he sent to Ki City for &@ member of Fhe firm of Jewett, Sutin te Alien, who arrived in New York yesterday morning. Josian F. Allen said he was a member of the frm of Jewett, Smith & Allen, Kansas Oliy, Mo, and that the prisoner never was a member of the firm and had no authority to transact business tor them; they were in the wholesale liquor pustness, and had urchased liquors from the prisoner when he was a qaor merchant in Kansas City, dog business under the firm name of George H. Smith & Co. In reply to the counsel for the prisoner Mr. Allen said that he could not positively swear that there was Not @ finn af Jewett, Smith & Allen in West Kansas City (which was not a separate municipality), but added shat in an active business experience of three years be never heard of a tirmof ile same Danie as ‘their own. Martin R. Cook testified that Mr. Damon, Tiffany’ coilector, called to make inquiry avout the respon: bility of Mr. Smith, and was of the impression th sald James B. Smith, Cpou the cross-examtna- tion te witness suid that some days belore tnis in- quiry Was made the prisoner cailed at bis store and propaed to buy some goods, and procured a log of 910), for which le gave a drall, which was sub- jueatly redeemed by him. Rd & wine dealer, testified that in ol the le of February the prsouer called and said that! Pawn Into the firm of Jewett, Smith & Ali®, of Kansas City, Mo, and wanted to buy oras; he procured a loan of $100, and signed a a on Jewett, Smith & Atlen; it was sent to Kan- City and came back dishonored. Aadrew V, Irmy, who keeps a furnisting store, etated that he sold ee goods, for which he via draft upon the Gerinan Savings Ban ausas City, signed by George H. Sailib, which back protested. Oficer Rock well, who arrested the prisoner, testi- Sec kas he found the diamond ring produced in Smith's boot and the pawn ticket shownde discoy- eredin his cell. THY PRISONER'S STATEMENT, ‘This closed the case for the peupie, and George H. Smith, the accused, went on ihe stand Aud Lod a Jong story, showing more than ordinary shrewdness and intelligence, He said ho gave to Mr. Squires the — H, Smith, o , of Kansas City, and stated the con- had with Mr. Mer reladve fo ae pr = large quantity of whiskey. Mr. ih throughs. senroh Ne-dxamimation frm, He that ke was ar- upon &@ chi the gorenoaee Sud ae ud sudsequen read a letter 4 ey Chicago, He urporting to come from A\ his munics on sent by him | Union, a papet which a partner, in reply to & com elling Allen that he was in trouble in New York, bat in answer to the Recorder he said he did not pave the envelope, Nish a religious r, providing that William) E, Thompson swore that be formerly ree’) eerye Satan und the other One is mized,’ m discharged by | » dss, In this | sided in Kansas City; tnat he bought lMquors from the prisoner an‘ received receipts signed by Jewett, Smith & Allen last November. Julius E. Levy, formerly connected with the First National Bank ‘in Kansas City, testified that the risoner, while a member of wie firm of George H. Binien & Co., made deposits in that bank, but his credit was not good; the witness never knew of more than one firm of Jewett, Smith & Allen in Kansas City, The defence then called a man from the Tombs, who ism custody under the name of Lovell and gave his name as William Brown. He said that ne became acquainted with Smith @ year ago in Junction City, Mo.; was engaged in the re- tall liquor ousiness there, aud purchased liquors of him in November, 1870, and received a receipt signed Jewett, Smith & Alien, The witness went on to state that he had @ conversation with Smith's part- , hers, Jeyett & Alleo, when Mr, Josiah F, Allen was + | told to staud up. Iminediately Brown said, i | is one of: the gentlemen.” Loud laughter was heard in the court room, and Brown corrected himself |b} | saying, “Ora man that resembles him very much.”’ ‘The significance of this testimony will be seen when it is stated that Brown was confined in the same cell with Smith, Mr. Allen was recalled by Mr. Fellows, and testi- fied that Smitn’s reputation for business honesty | was not good, District Attorney Fellows, in a powerful argument: | to the jury, claimed that the prisoner was one ol the | shrewdest and most accomplished swindlers that ; | ever depredated upon New York merchants, and | commented in sarcastic terms upon the audacious | | per ury committed by Smith and Brown in manu- } Surin the story that there was a new firm styled | Jewett, Smith & Allen in Kansas City, in the liquor } business. The receipts given by Smith a short time before he leit Kansas City, in the name oi the well estabilshed and responsiiie firm of Jewett, Smith & Allen, in that place, was the commencement of an ingenious plot to swindle the merchants of vhis city. THE SENTENOR. { The Recorder delivered a brief but clear charge, and the jury, at ajate hour last evening, rendered a | verdict of gulity without leaving their seats. His | Honor sentenced him to the State Prison for three ears and ordered him to pay a fine of $3,288, that being three times the amount he swindied Titfany & | Co. out of. {| Itiskaid that Smith as a fine linguist and he has the reputation of bemg the most accomplished swindler tn the country. LARCENIES. | Thomas Barrard pleaued guilty to an attempt at ' grand larceny, he having been caught in the act of stealing, on the 7th instant, $60 irom Ferdtuand Marshalk. He was seni to the Stave Prison ior two years anu 81x months, |” Oharies Coliins, who was charged with stealing a gold Watch, valued at $100, from Michaei M. Van Buren, pleaded guilty to grand larceny. He was re- manded for sentence. | { COAT CALENDARS—THIS DAY. URT—-CNAMBERS—Eleld by Judge Bar- i , 140, 141, 142, 143, 144, AL TERM— Hel 8, id by Judges: 23 3 . 923, 913, 700. , S47, 104, BROOKLYN COURTS. SUPREME COURT—SPECIAL TERM. A Lawyer Charged wits Contempt. Before Judge Guibert. | Carrington et al. vs. Spitzer et al.—This sult is brought for alleged frandulent representations, and a short time since one of the defendants (formorly oil merchants at No. 31 Cedar street, New York,) was arrested on an order granted by the Court. He was § batl, which the piaintutis declare is worth- less. Yesterday counsel for plaintiffs, Mr, | One of them gave his name as Charles Josephs, | agtie youth appeared to have had his heels made to | chase | legs as he shot by them, | up. The second pickpocket was | and both were brought before Judge Hogan yester- ‘and one of those amusing little toys known /a3 “A skull-cracking shooter” was found upon his person. Both were committed to answer, subsequently released on | NEW YURK HERALD, TUESDAY, JUNE 27, 1871.—TRIPLE TOMBS POLICE COURT. Breaking Up the Dens—Daring Robbery in a Strect Car—'Fatty” Davis in Trouble Again: ‘ulling” Pig Iron—Damon Denying Pythias—Sharp Practice. Before Judge Hogan. Sunday's joys and frolics, when they are carried beyond the moderation mark, generally terminate in Monday aches, The Court was full, and every arlist who bad a part to playin the drama of the day was early at bis post. The scene upon the stage of justice was a thoroughly Monday morning one, and unlike the gatherings of any other | day in the week. On the opening of the | play yesterday morning the first scene | Geveloved the case of two pickpockets. living at the corner of Fifty-fiith street and Second j avenue. But he was instantly recognized in Court | as an old acquaintance, and he now stands in- | dicted on the books of the establishment as Manuel Strose, his realname. This worthy youth was ac- | companied in his expedition on Sunday by a con- federate named James Green. ‘They got into @ Third avenue car at the City Hall on Sunday evening and rode up town as. far as Sixty-third street. Seeing a man | named Henry Barrett, of .99 Third avenue, asleep | beside them, both gentlemen began to playfully | empty his pockets of their contents, Barrett suffered | these delicate little attentions/for some time, until Strose made a . TUG AT HIS TIMEPI when the good-natured sleeper, jumping up, found his “ticker” gone, He started at the thief, but this sult his fingers, for he disappeared like light- ning, with the angry Parrett in pursnit, The | was contluued for some time, the avenger suffering martyrdom as he went from all | the dogs in the neighborhood, who grabbed at his | He was rewarded at last | by @ generous volunteer, who nabbed the flying | 1 thief and held him till Barrett and a policeman came , CAUGHT UPON THE CAR, aay. Strose was searched at the station house, | Next in the’ line of tho procession came a | modest, retiring youth, who confided his name ; to the ‘questioning clerk in a fiutelike lone, out very pianissimo, He feared no doubt that the | echoes might catch the sound and carry it to the dewalk. "This delicate sprout, so shrouded tn sen- sibility, stands recorded onthe police register as Lott Lemonson. of 117 West street, Mr. Laut drop- ped into 664 Broadway on Sunday evening and there dropped $324 in United States Treasury notes, the | | property of Samuel McKnight, into the open palms , of Mary Mills, one of the waiting girls, Mr. Lemon- | son could not Lave been at PRAYER MEETING, for, unless on*the occasion of strawberry festivals, | such adjuncts are not numerous at these gatherings, | Perhaps Mr, Lott kes to enjoy his strawberries in | | his own way, and the deltcacy of bis nature suggests @ private consumption in preference to James W. Monk, appeared before Judge Gilbert and moved to have Mr. Samuel Hirsch, the counsel tor defence, punished for contempt of Court, in having rocured the approval of the bond by the Court. Allidavits were read by Mr. Monk to the eect that Mr. Hirsch had obtained the approval by the state- ment that plaintits’ attorney was satisfied, which | wus false. ‘The accused attorney read his own atf- davit, denying this and setting forth that he himself had been deceived as to the responsibility of the bondsmen. Judge Gilvert reserved his decision. Aiter tese proceedings a newspaper reporter made appiication to the plaintiffs’ counsel for per- mission to look at the papers in the case, where- upon Hirsch demanded that nothing about the case | should be published until the decision should be ren- dered. He appealed to Judge Gilbert tor an imme- have decision, and charged that Monk was seeking to have tis disgraceful business published in the papers, Judge Gilbert did not interfere, | Whe Kellogg Diverce Caso Aguin—More Ali- mony Wanted. ‘This case came up again yesterday on a motion of counsel for defendant, Mrs, Rebecca J. Kellogg, for Mr. Kellogg, who 18 a well known real estate acalcr, sued for an absolute divorce, charging that Mrs. Kellogg had been guilty of adultery with James N. Fuller, her nephew. A verdict was rendered in | Mrs, Kellogg’s favor. Mr. Kellogg subsequently moved for a new trial, on the ground that new evi- | dence had been discovered, and Juage Gilbert granted the motion, conditioning, however, that | plaintiff must pay $600 counsei fees and $500 for ex- penses incurred by Mrs. Kellogg in defending the suit, The question has been raised, likewise, as to the disposition to be made of the younger children pending the proceedings in the case. | _ Mr. ‘Townsend, for the defendant, yesterday read | the petiuon of Mrs. Kellogg, setting forth that until the 15tn of March, 1870, she lived witn her husband | @t iv] President street, and the expenses of main- taining their household were close upon $6,000 a | year, Since she has lived apart from her husband } she bas received from him $126 in cash, and, in ad- ; dition, $125 @ week, from which she has been obliged to support nerself and her five children. This money has been given to her under an agree- ment or stipulation entered into between her and her husband, and signed by her under @ muisappre- henston of the extent of her husband’s means, She has learned that be 1s entitled, under the provisions of his father’s will, to one-fourth of an estate, undi- vided as yet, amounting in value to at least $600,000, ie Ee od part of which hes in and about Eliza- beth. N. J. ‘The aMdavit of the eldest son, Edwara Kellogg, also read yesterday, alleges that the deponent’s father agreed thai he might live with his mother and that Mr. Keilogg should pay $7 a week for his board, and aiso recites @ provision of the will of his grandfather, Edwara Kellogg, by } Which $5,000 was left to Raward J. Kellogg in trust | for the deponent, the income of which was to be for his senefit until he arrived at the age of twenty-one years, when the whole sum 1 to be paid. Mr. fownsend also read the stipulation which had | been entered into by Mrs. Kellogg und ner husband, | and the provisions of the will of Mr. Keliogg’s father Walch relate to the saine. Mr. John Winslow, for plaintiff, submitted Mr. Keilogg’s afMldavit, which in reply to that povtion of | Mrs. Keilogg’s petitton which states that the ex- 4 pitees of their household were $6,000, Fays that Mra. | Kellogg Was needlessiy and recklessly extravagant, and that their expenses should not have been more than $000. He recites further the stipulation already spoken of, and claims that tts provisions | with reference to the children and their schooiing | have not been observed. In conclusion, ne urges that his means have been greatly overestimated by | bis wife, that his income 1s but $2,000 a year, and | the expenses to which he has been driven by the unhappy state of his domestic affairs are more than | he can sustain. Amdavits of Charles B, Baldwin, one of the execu- tors of the will of Mr. Kellogg's father, as to the estate feft by tne will, and of William Colt, as to an Interview with Mra, Kellogg about the two younger children, were also read, Mr. Winslow asked that the terms on which the | new trial were granted should be modified, and that Mrs. Kellogg should cause the two younger cnildren to be sent to school. Mr. Townsend read an aMdavit from Mrs. Kel- logg, that while the children were at tne school of | Dr. Gunn, of Washington, Conn., which was the School mentioned in the stipulation, her letters to them were regularly opened and read by the doctor before they Were handed to the children. He asked that some other school be designated. Judge Gilbert said that the children must be sent to school, and Mrs. Kellogg must not contract denis for her husband to pay. Decision reserved. JOURNALISTIC NOTES. The Whitehall (N. Y.) Tones newspaper is offered for sale. Colonel B. C. Yancey has bought the Atlanta (Ga.) Intelligencer, An enterprising paper in Florida pays $1 25 a month for its telegrams, Two nephews of the late Q. L. Vallanaigham are employed fn the Troy Whig office as compositors, | Mr. Waldo M. Potter, formerly of the Saratoajan, y has withdrawn irom the Omaha Republican and will + return te Saratoga, W. N. Hodson has resigned hia position on the Cleveland Leader, and accepted the piace ef man- aging editor of the Detroit /ribune, One of the reporters of the New Orleans Repubii- can, who has just fallen heir to $40,000, has taken a month's vacation, and at ts expiration will return to his duties, ¥ Mr. J, N. Cardozo, of Savannah, completed his eiguty-Mfh year on the Lith inst. He has been con- nected with prominent Southern papers for tne last the fem of Jewett, | priy-five years, Mra. Roger W. Havson ana Mra, F. W. Stone pro- pose to pnbduush at Lexington, Ky., “as an appro- priate medium for the expression of Southern gel in the departments of history, poetry and general literature,” a montnly, to be styled the Mississippt Valley Magazine. Two clergymen, late editors of the Ministerial 7 Dpeared, for four consecu- tive weeks in Oni closed ther valedictor; article as follows:— Pry Place to pul pages a reterence to determine whether she should be paid | @ greater amount of alimony, and to fix the amount. | &@ public feast, as more in harmouy with the | | gentleness of his disposition, A Mr. Albert Franklin, of 87 Thompson street, saw the | covetous Mary abstract the package of money | | from the coat pocket, Lott and Mary Mills were | sent down stairs, partly for their erring ways and | the remainder in consequence of the pointed vision | of Albert, An old face is a cheering thing to look | Upon, especially if it is the face of a iriend, and even in the case of an enemy it 1s better to have to | | deal with one whose ways are familiar than with a | | strange one. An old face, though belonging to a | young man, and a well known one, too, m halls of | ; justice is that of “PATTY” DAVIB, | allas James Nolan, alias George Ford. “Fatty” is one of those ubi altous young enthusiasts who are | | constantly coming to the surface. He 1s a pro- } nounced communist, and believes the basis of unt. ; versal affection should be an equal distribution of | | property. ‘Fatty’? is somewhat in advance of the great body of conservative communists, as he would not only have the distribution equal, but also early. , So that as the times are somewhat out of joint, and {| men generally are not prepared to take up this doc ' trine, ‘Fatty? bas put himself forth as the cham- pion of his ppociptes, and as men are not willing to share with him, he helps himself. Davis inaugurated this system abroad some time a | hibition. He was rather before the time, even there, and the galleys was the result.of his rashness. He | has simce then made several excursions to the Tombs for clinging 80 tenaciously to his ideas. As late as last week he was invited before his Honor Judge Hogan, but the Judge was reluctantly com- | Pelled to part with his company, as there was not sufficient evidence to retain him. On Friday last, in ; company with a disciple, whom he has gained over to his way of thinking on the property question, ne | | visited the jewellers’ store of MERRILI, FITCH & ALLEN, at 19 John street. They represented themselves as | merchants from Syracuse, and said tiey wanted to purchase a large quantity of jewelry. On that oc | Sion they left the store without making any pu | Chases and returned this moraing. After looking ty’s” iriend and disciple. took such an affection to a | } gold watch chain that he sitpped it in his pocket. | The young man who was waiting on this precious | pair saw the action and at once shut the | | door, telling the old man he must dis- | gorge. Watson did hand out the trin- ket and then sat down on a sofa which 1s kept for the use of less enlightened cus- { think | each challe: oO at the Paris Ex- ; over a quantity of the stock, Wiltiam Watson, ‘Fat. | 1 FOSTER THE MURDERER. Application for a Writ of Error and Stay of Proceedings Not Granted. DECISION OF JUDGE CARDOZO. Judge Cardozo, of the Supreme Court, to whom application was made for a writ of error and stay of proceedings in the Foster case, yesterday ren- dered the following decision. It will be seen that all the points of objection raised on the late trial by Foster's counsel are reviewed by the Judge and each pronounced untenable, As this case 19 not appealable to the General Term the only recourse to prevent execution of the ex- | treme penalty of the jaw on the 14th of next month, pursuant to sentence, is to find some more compla- cent judge or interposition of executive clemency on the part of the Governor. The following ia the | Opinion of Judge Cardozo, which will be found both clear and exhaustive on the subject: — The People vs, William Foster.—aApplication has been made to me by the prisoner’s coynsel for a writ of error and #tay of proceedings in this case, right, it becomes my duty to review the grounds upon which the application 1s made, 4nd to grunt or refuse it according ag I may there is or 18 not any point worthy of consideration, I shall briefly notice the exceptions taken in the progress of the trial in the | order in which they are stated in the bill of excep- lions. ‘The first relates to the special plea inter- posed by the prisoner based upon the opjec- tion that a Court of Oyer and ‘Términer cannot be held by a judge assigned to sit in Gen- erai Term. I do not think it necessary to add any- thing to what I said at the trial upon this point, ‘bhe case of McCarron vs. The People (13 N. Y., 74), in the Court of Appeals, disposes of that matter. The next exception is to the overruling Of the chal- lenge to the array. The ground taken by the prison- er’s counsel was that the Court could not, until the first panel, returnable on the Urst day of the term, was exilausted, make an order for another panel. No authority 18 cited, objection is uutenable. expressly provides that after the deposit of the lots by the County Clerk, as required by law, the several courts In the city of New York “inay order as many jurcrs to be summoned for their respective courts as iu their judgment may be necessary (sec, 9). It will be seen that the order may be made at apy time after the ballots have been deposited, and the question of how many may be necessary rests entirely 1n the judgment of the Court, It is next said that it was error to overrule the ap- Pllcation of the prisoner’s counsel to attach jurors who had been personally served and did not appear when called, To this there are several answers, First—Tiat it does not appear that there was any juror who liad been personally summoned who ad failed to attend without havi been previously excused by the Court; bur if it did, the question whether the Court would attaon him is one resting entirely in its discretion. It is @ matter for the Court only. The counsel or the party has no- thing to do with it. that the jury shall consist of the first tweive (who are in all respects competent) who answer to their names. The counsel for tne prisoner 1s in error in supposing that the act of 1870 confers any right upon the prisoner or obliges the Court to enforce the attendance of a juror. By read- ing the turd and fifteenth secttons of that act (chapter 639) it will be seen that only a power is cc ‘red upon the Court, to be exercised in its discreuon. The raling at the trial Was Correct a3 .0 the law, and the discretion of the Court was properly exercised; Yor there 1s no pre- tence that any abseut juror was designedly kept away, and it Would be intoleravie to keep the jurors empannelied waiting while the State (for the absent jurors may have gone io various parts of the State) was being scoured in search of those who had failed to attend, and who, It is not suggested, were likely to be at all more competent to sit than the many who were rejected, An objection was taken to the form of oath ad- ministered to George W. De La Yergne, who was called as a juror and sworn as @ witness upon chal- lenge made by the counsel ‘or the prisoner, I think tor the present application. 1t was conceded by the counsel for the prisoner that the oath, to use his own language, was “‘the same that the excellent clerk of the Oyer and Terminer has been administering for forty years.’ To this oath, thus used, without objection, the counsel simply eped and though called upon to state his ground he omitted to do #0 until after the objection had been overruled. it was then too late. But, moreover, the prisoner’s counsel did nor even then ask that he should be sworn upon separately, and as the specification of the ground or cause of challenge was not made until after the juror had been sworn as a wit- otherwise than it was. If the prisoner's counsel | wanted the oath to refer to the cause of challenge, | he should have assigned the cause at the tme of challenge, mstead of challenging generally, and stating the groana after the oath, or else he should have requested that the witness be resworn after the cause of challenge was assigned. Moreover, this juror, the only one as to whom the objection as to the form of oath was the prisoner's own application, and the prisoner could not have been prejudiced. ‘The subsiance of the examination of Mr. McSwig- gan is that he had conscientious scruples against nding a verdict of guilty where the punishment is death, although he would, if sworn, try to do his duty. He was plainly incompetent, and was pro- perly rejected upon tie challenge of the District pated (Walker vs, The People, 32 New York, 0) ). The next objection is palpably not well taken. The question allowed expressly limited what was said to what was saul in the presence of the prisoner, and was plainly competent. if the witness in answer said anything which the counsel thought material, and which occurred when the prisoner to strike itout. But what the witness said not tomers. Oficer Gunson, ot the Twenty-flith pre- | When the aged Watson had removed his elegant person from the sofa A PAIR OF BRACELETS was found there and both now stand charged with the robvery of goods of the value of $85 50. Watson is forty-three years of age, wears a@ beard which is very coarse and tolerably , spring glasses; is head is bald, and | as he dresses well his appearance 1s-very deceptive, When brought up for examination ‘Fatty’’ denied Wiles here knowledge ofhis friend and declared he | never had any conversation with him in that store. He even went so far in his confidence in human nature as to ask that his friend be put on the stand to swear he did not know him, His Honor deemed this practice a little too sharp and said he had not | ine slightest doubt but that if either one was put | upen the stand he would swear he did not know the other, Bail was named at $3,000 and as it! was not forthcoming the worthics were retained. An examination extending over several hours was made in the case of Charles Wilkinson, the proprie- tor of one of the houses broken up by the police last week in Greenwici avenue, in view of the terrible nuisaace these places have been to the inhabitants | of thatlocality and the fearful example it is in the sight of such a number of children | as live there, Judge Hogan had a number | of residents fron that locality brought up as | witnesses to prove the characters of the houses, | This man was allowed to go upon his promise that he would go tnto some other business to make a | (a and never again open a place of this | ind. j His Honor sai he had no wish to persecute these \ people or be too severe with them, but he was de- | termined to | PROTECT THE MORALITY ofthe people to the extent of his power. There tsa large proportion of poor people in that district, said the Judge, and [will not have them insulted and annoyed every time they come out of their homes. I am determined to preak up this business in Green- wich street, and I warn you now to give it up, STABBING AFFRAY AT NEWSU2G, Tragicnl Result of n Stone-Tossing Match. On Sunday night an affray occurred ina Cham. | bers street saloon, at Newburg, resulting in the serious and possibly fatal stabbing of James Dunn by Philip Ryan. On Sunday morning the parties had been engaged in a match at tossing cobble stones for a purse of $40, which had been won by Dunn, Some time ago Dunn had won a similar match, by which Ryan had lost $25. There was a rivalry between them, and bad blood had been suirred up. About week ago Ryan made a lunge at Dunn with @ knife, but inflicted only @ slight wound, The assailant was arrested, but Dunn refusing to appear against him he was discharged. On Sunday mgnht, after the parties had been ray fe freely, the old grudge was brought up and hot words and threats passed between them. They determined to go outside the saloon and fight out the quarrel. Some of the bystanders tried to pre- vent a cotliston, but were warned otf by Dunn, who said he did not want anybody to interfere. The two clenched, and after a short satnale Kyan “threw” Dunn, falling across bim and holding him down, ‘While in this position Ryan drew a ditk-knife and stabbed Dunn, who was lying with his face down- ward, four times ‘in the back. Three of the cuts were not serious, but the fourih, pene- trating to the right kidney, will probably, if inflam- mation supervenes, result fatally. After the fourth stab had been delivered the crowd dragged Rywn Off the prostrate nan, who was then conveyed to his residence and received surgical treacment. Ryan ‘Was arrested and locked up. On Monday he was committed to await the resuit of Dunn's injuries, Ryan qaenowe to the police a8 & desperate charac- ter. September last he assaulted, with a butcher knife, an oiticer who was trying to arrest him, The blow waa, however, @ glancing one, and no injury poh aca except cutting the breast of the oficer's THE Braoest SHavy.—'The shad on record ‘Was caught last Thurseay io the Connecticut river, near Hartford. He measured two feet tour inches from nose to tail and, Weighed eight and.a haif strictly responsive to the question was not import- cinct, was sent for and he arrested the thieves. | ant, and he was stopped as soon as it transpired | that Foster was not present, and was directed by the Court to “pass over everything except what took place when Foster was present.’ The next exception is to the exclusion, as a wit- ness on behalf of the prisoner, of his wile. No au- thority in support of her cozapetency was cited on | the trial, and none has been produced on the present application, and itis conceded that at eominon law she could not have been examined. The counsel Tgues that because by a recent statute the prisoner may, at his option, testify on his own bebalf, there- fore’ the incompetency of the wife is removed. But that statute (Laws of 1569 only allows the prisoner at his option to testify, and the reasons for the rule excluding the wifé remain unaltered, ‘The statute of 1867 (chap. 887) has specified the in- stances in which husband and wife are competent or compellable to give evidence tor or against each other, and this {3 not one of them, The Legislature, therefore, evidentiy understood that an express statute Jor such @ purpose Was necessary, and they have net said by the act of 1869 that the wife may be examined, but have expreaey imited 1b to “the person charged,” and’ statutes In dera Pan of Lie common la’ re not to be extended by con- struction to work a@repeal of & common iaw rule, uniess they are s0 inconsistent with it that both cannot stand together. The relate to the requests to charge. AS to the requests presented kf Mr. Baruett, which were not charged, I have to say:—The sixth, eighth, ninth and twelfth relate to the murder in the second degree, and were pro- perly refused because there was no evidence in the case caliing for instructions as to what consti- tuted that crime; and, besides, the requests were notin conformity with the law, it having been settled by decisions of the Supreme Court and the Court of Appeals that to constitute the crime of murder in the secund degree the death mrst have been occasioned by the prisoner while engaged in the perpetration of some felony oiher than that of the murder itself. or this ‘hero was no defence in this case. If, against their objection, [| had charged that the evidence would justly a conviction of murder in the second degree, and exception had been taken to it by the prisoner's counsel, it was clear uncer the de- sions (hat I should ave commited a faual error, and, If such an exce nh Would have been good. 1 43 obvious that ft was right to retuse to charge ou that point as the counsel requested, As to the eleventh request, respecting the effect of intoxication, I think TE need only say that ti to charge otherwise than 1 did and the ‘iven upon that sabject wer* plainly correct accor ing to the ruling of the Court of Appeals in Roge: case (18 N. Y,, p. 9) aud in Kenney’s case (31 N. Y., . 385). i in regara to Judge Stuart's requests—Ip respect to the refusal to charge his first proposition, 1 need only say that at no time has any desect in the in- dictment as one charging the crime o1 marder in the first degree been pointed out to me, and L have discovered none myself. In reference to the third proposition (which was refused), it is to be remarn that 1 had already at his request charged that “ander the indictment the jury cod convict of murder in the second degree, or of some one of the degrees — of manslaughter,” a proposition which i repeated in | my general charge, teillag the jury they had the power to flud the prisoner guilty of “any degree of homicide less than the principal one;” and if the third request Meant anything more than | thus both before ant afterwards charged, tt meant that there was evidence in the case to establish tie crime of murder in the second degree, and as there certainly ‘was not, it was right to refuse so to charge. ‘The tweifth reques: relates to the suiject of in- toxication aud 18 fully disposed of by the vbserva- tons [ have already mide upon tat subject in reviewing the requests presented vy Mr. Barcleu. I have thus considered every exception taken on the trial which the prisoner's counsel incorporated im the bill, although bat few of them were urged) upon me on tals application. Ir thought that #0 much as a iair question existed as to either of them, I should not hesitate to grant the writ; but after careful and dispassionate reflection, with full consciousness that it concerns life, I am unable to see that there is any point what- ever of which the prigoner can complain; ana know: ing how fairly, not to say iiberally, the trial was conducted, and still believing that upon the evi- dence no verdict except that of murder in the frst degree could rightfully have beeu found, | feel it my duty to deny the anolication. and the statute not allowing them as a matter of | | by the Erie Railroad Company prior to the time | local circumstance affecting only the sales of stock The | The act of 1847, chap. 495, | The revised statutes provide | there are several reasons why this presents noground | ness, the issue could bot be specified im the oath , taken, was reje.ted on } ‘was not present, @ motion should have been made | t of the exceptions | crime of | I | mira avenue line, at Ninetieth street, slipped and SHEET. THE ERIE RAILWAY WAR. Jay Gould Called Upon To Make Good the Eng- Ugh Stock—Argument of Counsel. Mr. Sonthmayd resnmed nis argument yesterday in the United States Circuit Court, before Judge Blatchford, on the motion to compel Jay Gould to aeliver up 30,000 sbares of Erie stock, which, it is claimed by Heath and Raphael, he has legally ab- stracted from the receivership of Mr. James H. Coleman, and also to enjoin the Erie Company from enlarging vhe registration of thelr stock at the Farmers’ Loan and Trust Company, by registering upon the books of that company 30,000 shares of stock, which, it is alleged, was taken from the Heath and Raphael stock. He resumed his argument at | the point where he ieft off on Saturday, and went jon to state that the registration of Erte stock at the Farmers’ Loan and Trust | Company was a positive proof of its au- | thenticity. It was an establishment instituted by the Erie Railroad Company for having, ndepen- | | dently of its own office, some recognized authority which would put the mark of authenticity and gen- uineness upon its stock. Following the action of Mr. Gould, he would not say that the Farmers’ Loan Company «id an injustice in refusing to register this stock. Judge Blatchford inquired whether it was in evi- dence that the 30,000 shares of certificates which Mr, Hilton brought down to the Farmers’ Loan and Trust Company were upon the books placed there when Mr. Von Hoffman left these very certificates at the office of the company, and which were put into the hands of Harris. Mr. Southmayd satd both sides admitted that such Was the fact. Much importance seemed to be laid upon the supposed fact chat this reguiation at the Farmers’ Loan and Trust Company was a merely in New York market without tjuring the salability in Europe, If that were really so it would be no answer to this motion, because it ts In this country. Violent hands were Jaid upon this stock because an intention was exhivited of putting iton the market here, and It was not for the party who had done the Wrong ana made the stock entirely unmarketable where the corporation was established that they could dispose of it in Europe, No establishment like the Farmers’ Loan and Trust Company existed in Europe; but, wnlike the stock of other Shareholders, they could not introduce weir stock | into New York and realize a dollar upon it, He con- tendea that Mr. Gould’s conduct was calcu- | lated to confuse the Court, and ridicules ; the idea of ms supposed candor and justices in placing belore Heath and Raphael those cancelled certificates aiter all their value had | been extracted from them, The great !mpudence and daring reckiessness of Gouid, sustained, as he | was, by very able counsel, could not shutout the truth that he had carried off the genuine certificates, replacing them with skilfully executed forgeries, AS to whether this new stock issued by the Erle Com- pany was genuine and regular, and couid have been properly registered on the books of the Far- mers’ Loan and Trust Company, he con- tended that they were wholly ‘illegal and ' entirely fraudulent, and that upon no principle of justice could they be placed on the Farmers’ Los and Trust Company. They were produced by fra and nothing that afterwards took piace, no plan, however skilful, could do away wich te force of that circumstance. If convertible bonds for $3,000, 000 did not compose the basis for the issue of this new stock then 1t was spurious. He maintained | that tne over issue of these 30,000 shares was a | | gross fraud on the partof the Erte Railroad Cum- | pany, fer which Gould himself was personaly responsible. Having read the evidence of Gould and the other officers of the company, which has been fully recorded i the :/FRALD, he observed that | so completely Siled with arrogance and pride had | these men become, tht Fisk boasted he could change the name of New York to Fiskville. They openly defied the authority of these courts. They drew bis clients invo a litigation they would gladly have avotrted by robbing them of tieir stuck, and he Was satisfied if the Court admitted the wrong it would not be slow to remedy it. Mr. Houghton had referred the possible Incarceration of Gould on @ most extraordinary proceeding, but he did not think that the community in general would shed @ tear at the result. He ascribed the purpose which originally prompted Fisk and Gould to this course of action to @ iear that the influence of the English shareholders should be directed to drive ‘thein from office in the company, and to avoid sach. ® possiblity they get the stock certificates out of their hands ana put them in the possession of James | H, Coleman, the Receiver. The wreck which these | men had brought upon the Erie Ratiroad ought to have prevented any honest stockholder from sup- orting, unless another motive and a very apparent heme determined their conduct. These men, in their determiation to permit nothing to debar their urpose, sought to thwart the administration of Justice, their favorite system of operation, the pur- chase of the Legislature being in tnis instance un- suited to their necessities. If the Court came to the ; conclusion that this motion should be granted, the | question came up, what tlme should be allowed to replace this obstruction’ In his opinion measures should be adopted to compel ihe restoration of these 30,00 shares in their pristine condition, and that there shali be no regisiration of false stock on the basis of these cancelled certificates. In this connection he referred to the compromise sougnt to be arrived at alluded to in the affidavit of Mr. Gould as worse than useless for Mr. ‘ompson, | who was represented as the agent of Heath & | Raphael, Was as much interested in the success of | the Erie Kallroad as Frederick A, Lane or Gould himself. Gould was entitled to justice untempered with mercy, I! he wanted grace tn replying to this order he should throw himseif on the mercy of the Court. exhibit penitence, restore this abstracted stock and discontinue certain buxposes now going on under the eyes of the Court in regard to his clients, which was considered wrong{ul in the high- | est degree; repeal this fraudulent bylaw and stop | | his piratical raids, If he will not do these things, | } then, When he asks grace, let the answer be, “You | will not have it.”’ | ‘The argument was then adjourned to Thursday | nexi. THE FORTY-THIRD STREET HOMICIDE, | Kenney Held ‘or Trial—He Denies Hin Guilt. | Coroner Keenan yesterday afternoon held an in- | quest at the City Hall in the case of the unknown | man who aied at the Twenty-seeond precinct sta- | tion house last Thursday evening. Deceased aud | Michael Kenney had @ quarrel tn front of premises 31 West Forty-third street, during which, it was ‘alleged, Kenney knocked his antagonist | down The evidence, owever, went to show that after biows were exchanged the | parties became separated, after which deceased fell | backwards heavily on the sidewalk, striking on his head, veceased previous to the diMculty had a stone In his hana or under his arm, followed by a crowd of boys, some of whom believed he intended | to throw the stone at them, The principal points in the testimony of two of the most important wit- nesses 18 g.ven below :— | George C. Bickett, of 401 West Forty-sixth street, ‘a fireman belonging to engiue company No. 2— heard @ noise of children hallooing outside; | ‘looked out the window and saw deceased | and prisoner clinched = in the centre of the street; they got towards the sidewalk | opposite, wnen the witness lost sight of them; in a few seconds deceased came out and tried to take hold of a lamppost ana feit backwards his whole | length on the sidewalk; he fell very heavily; came down and beipea to bathe hw head; he appeared to | have no pul-e; assisted in removing tum to the | station house; saw no blows struck; it was dark aud ihe Witness Was some distance otf. ' James MeGahay testified that on Thursday even. ing he saw accused in Forty-third street; ran ap aud saw a man being struck bY another man; saw him receive two biows, Wnen he Walked to a lamp- post and stood hy it a few seconds, and in trying to take hold of it fel: baexwards on his head on the | sidewalk; he fell very heayiiy, | Coroner Keenan charged the jury to the effect thatal the prisoner had minded ‘his own business and allowed deceased Ww pass along with the stone | in his hand the trouble would not have occurred, | and the stranger would now nave been living. The | thought there was evidenve sufficient to | the holding of Keaney to await the acuon of and Jury. | Ater @ brief deliberation the Jury found that de- ceased came to his death from Injuries received in | i with Michael Kenney, tu Forty-third street, | | On the azd day of June, 187). | | Kenuey, whio ts twenty-eight years of age, born in | this city, and hves in Tenth avenue, between Forty- | second and Forty-third streets, in his examination saul he was not guilty. Coroner Keenan refused to admit the prisoner to 1 without consultation with the District Attoraey, | | and committed hun to the Tombs, ANOT.'ER FATAL CAR CASUALTY. About seven o'clock yesterday morning Archibald Brown, A man fifty years of age, while in the act of stepping from the front platform of car 42, of the | feil before the wheel, which passed over bis body, | causing injuries from the effects of which he died | in a few nioments, ‘The body was removed to the Twenty-third precinct police station to await the action of Coroner Schirmer, who was notified by Captain Chinchy. Deceased ‘lived in Sixteenth street, between First avenue and avenue A, and ‘Was going to his work at the time of the accident, ‘The driver of the car was arrested and detained } vn) the inouixition shall have been hed, | assert that THE PUTNAM COUNTY WORDER, Farmer Reid Arraigned for the Killing of Daniel McCormack. How the Deed Was Done and the Cireumstances that Led to It—Plea of the Accused that He ‘Was Justified and that Death Was En- tirely Accidental—Rollicking and Dis- appointed Visitors—Anticipated Trouble to Get a Jury. Carmen, N. Y., June 26, 1871. ‘The triat of Edwin Reid for the killing of Daniel McCormack, on the night of the 16th of July, 1869, was called on this morning, in the court house of this town, before Judge Joseph F. Barnard, sitting here in Circuit and Oyer and Terminer. As is usual on such occasions, the country folk from all parte of the surrounding districts drove into the town at an early hour of the forenoon, crowding the two hotels and ‘smiling’? with great good natyre. As every- body knew everybody else the scene at the hotels, on the streets and around che court house seemed more llke A PLEASANT REUNION OF FARMERS for some agricultural festivity than to participate either as jurymen or as spectators in the trial of one of their own number for the murder of an Imsh jJaborer. The crime now has lost much of its original interest for people here; for it i§ so long ago since it was committed, and as Reid has never spent a day in jail, having been bailed out immediately after tne Coroner's inquest, and has, therefore, been among his old friends and associates constantly, the mor- bid desire of innocent countrymen to see @ man who has been for any time in the jaller’s keeping does notin this case exist, It was, therefore, to judge from early appearances, more to enjoy a holiday at the “county seat,” to tell yarns and exercise the team that so many people crowded themselves into the town to-day than to attend @ murder trial. Mr. Reid is quite a respectable looking man, owns @ handsome farm near Brewster, tn this county, and 18 reported to be worth from $40,090 to $50,000, McCormack was an Irish laborer, who lived in a house adjacent to Reld’s. The iacts connected with the killing may be summed up as | follows:— . For twelve months previous to July, 1869, # milk spring in Reid's farm yard was repeatedly broren open and some of the milk stolen; in many instances also water was put in the spring in place of the stolen milk, and the depredations were even carried so far Uhat the milk cans were tampered with and some sort of scuff thrown into them. Finally Reid’s customers in New York began to com- plain of the milk supplied to them, and wrote him several letters to thatefect. During the elght days Previous to THE KILLING OF M’CORMACK Reld’s milk spring was broken open on four differ- ent nights, and after the last time Reid watched each night, concealing himself in the yard for the purpose, with a loaded gun in his possession. On the night of the 10th of July, 1869, he was for the third night on this duty, when, while half asleep in his place of concealment, two men passed nim by, and going over to the spring began breaking off some laths, with which the lid of the spring nad been fastened after the previous robbery. This noise thoroughly awoke Keid, and golng over to the spring, gun in hand, he asked who was there. Reid received no answer, but saw aman moving away, whom he told to halt, adding that at last he had CAUGHT THE THIAVES. ‘The man still continued to move away, and Reid, seeing that he refused to stop or to speak, shot at him, the shot taking effect in the spine of the back. Jt was so dark that the men could with diMeulty see the iorms of each other. After the shooting Reid groped around tim with the gun, and while doing so struck against McCormack’s companion, @man named Pickett, who, on being discovered, asked Reid to do him no harm, ashe had come there only “to take a little.” Ketd in the meantime had calied for his family to come to his assistance, aud when lights nad veen procurea McCormack was POUND FATALLY WOUNDED, lying under an archway formed hy some timbers adjoining the house, and through which he was escaping, when Reid fred the fatal shot. A bucket and dipper were found near the spring, the bucket having on It McCormack’s initials, and the dipper, @s 18 alleged, being ideutifed by one of Reid's ser- vant giris as the property of the family with which both McCormack and Pickett were boarding, and which family was a tenant of Retd’s. It is further- more stated that during the twelve months previous | tothe sheoting two large watch dogs owned by Reid had becn powoned at night time, These facts, coupled with the circumstance that a robbery of the milk spring had never occurred until a vime alter Reid had discharged McVorimack from his employ (in which, however, the latter had been only for two or three days, and which he left in an excited state, refusing even to take pay for his labor), are the alleged truths upon which Keid’s counsel to ciaim a case of jusufable homicice. One other point 18 Said to be in favor of the accused, and this is that when he shot at McCormack he aimed at his legs, but that at the moment the shot was tired McCor- mack was in the act of stooping to escape under the tumbers, and thas the shot entered the spine. Me- Cormack Mngered a few days and died from the injuries, THE PROSECUTION, however, dispute every one of these points and they are utterly withont foundation. ‘There 18 bat little unprejudiced evidence as to wnat occurred on the night of the léth, there bewg no one present but the murdered man, Pickett and Keld, so that a jury will have a dimenit task m de~ ciding many of Ch counsel for the prose- cution shall raise. The prosecutors even affirm that, admitting the whole story as toid above, still Reid was altogether guilty in taking the jife of a fellow being under such circumstances; for the stealing of @ bucket of milk, supposing that McUurmack really went to Reld’s yard to steal the milk, was not cause sufiicient to kill the offender. ‘There has been much bitter feeling excited by the fatal occurrence in this county. THE IRISH INHABITANTS here were aroused to a state of indignation, because one of their countrymen should have been so sum- marily dealt with, and many ol the triends of the deceased have united in procaring additional coun- sel, in order that McCormack’s death shall be fully avenged. On the other hand, the farmers and, for the most part, the natives of this county would not hold Reid gullty of @ serious crime in protecung his property, and believe that, all the circumstances considered, he could scarcely ave acted otherwise than he did, and that the causes were aggravating enough and of sufficientiy tong continuance to KONERATE HIM FROM A FELON’S FATE. When the case was called on to-day, early in the afternoon session, by Mr. F. Larkin, for the prosecu- uon, Judge Barnard positively refused to iy! the case uatti the jury panel had been increased by fifty addi- tional jurors from parts of the county as far remote as possible from Brewster, the residence of the ac- cused. The Judge said he had had reliable informa- tion to the effect that most people in the county had both formed and expressed an opinion w the guilt degree of guilt or innocence of the accused; and, therefore, ne believed that from a jury panel of thirty-six, out of which only twenty-six gentlemen had auswered to their names, it would be IMPOSSIBLE TO GET A JURY that would satisfactorily meet the demands of justice in this case. The Sher? was chen o by the Court to empanel fifty more residents of the county, Who should be in readimess in court to- morrow morning promptly at ten o'clock. When Judge Barnard had given this decision a feeling of diappointment was manifest in the faces of the crowd in court, who were anxlously watching the proceedings, for after a good dinner and a few hours’ talk the trial gained the supreme attention of the farmer folks. The aews soon spread about among , the iniabitants of the towa; and the county visitors, Who, Of course, monojolized the court room to thainseives and whose names IN A LITTLE PLACE LIKE THIS might be called legion, soon betook themselves te the verandas and barrooms of the hotels, there to discuss appropriate subjects. Only a few remained in Court to hear the learned legal disputations on county business, which, but for the Retd trial, would have so great an interest. Before Judge Barnard’s decision fears were felt that the trial would be ordered to take place in some other county, ow! to the well KnoWn prejudices existing here in Reia’s. favor. As the trial is to come off here there is re- newed confidence that Reid wit! get off easy. A LADY AEADER’S APPEAL TO SUPETINTENDENT KELS2. New York, Jane 26, 1871, | To rae Eprror oF THR HERALD:— In this day’s issue you notice Superintendent Kelso's efforts to abate the “social evil.” Would he not be doing more real good to the community, and confer on the pubile more benefit, did he direct his efforts to Captain Burden’s precinct and the gilaed bagnios where our sons and daughters are ruined, the ‘requenters of whitch make the residences on Twenty-sixth and Twenty-seventh streets (vetween, pc a — poses almost aged their midn orgies, rofani' lcannot sit at an ‘open Wmmcce Whee aa unless Tam Kerry to have my chidren hear and! listen myseif to ail | have stated. vlease excuse vareel in oan rte ean ayer have penn ntons Of many of y readers. a CADY ReaDule. i , f ;