The New York Herald Newspaper, December 29, 1871, Page 6

MBS. WHARTON'S TRIAL. Great Excitement at Annapolis Over the Defence. The Colored Virginia Cook “Boss- ing” the Household, Nellie Wharton Testifying for Her Mother. ‘Ge Taking the Witness Stand She Became Em. ‘barrasrod, Cognizant of Being the Cynosure ef All the Curious Crowd in Court— How She Looked After Her Long Attention on the Prisoner. ‘Ber Travels, Her Mother's Visitors, the Buro- pean Trip and General Ketehuma’s Medicine Bottle. Nellie Mayer Accusing the General of “Treating” Himeelf. ANNAPOLIS, Md., Dec. 28, 1871. ‘The pdeautifal weather following the damp and Seagy atmosphere of Christmas, as well as the @hange from the prosecution :o the defence, brought ‘@ut a large crowd this morning to witness the twen- ‘Meth day’s proceedings in the notable case of Mrs, 3% G, Wharton, now on trial here. There was a @reater increase in the attendance of elegantly @ressed «ladies «than =upon any __preced- fmg day of the tial, and an anusual Bumber of prominent medical and legal @entiemen were present. The proceedings through- ut the day were characterized by an absorbing Saterest never before manifested since this remark. e@ble trial began, aud the most impurtant testimony yet produced was delivered. The recitation of the Soenes around the deathbed of the deceased Generat ‘by the old colored Woman who nursed nim was lis- ‘Bened to with great interest, as was aiso the eyt- @ence of Miss Neilie Wharton, the devoted daughter @f the accused. The prisoner came tnto the court- foom a jew minutes before ten o'clock, leaning @pon we arm of the Sheriff, accompamed by her daughier ond several intimate personal fends, She was dressed, as usual, in @eep mourning, and her heavy crape veil hid her features {from the crowd of eager spectators, that gathered outside and inside tho ®ourt room as sbe passed jn to catch a glimpse of heriace. Ier daughter's wardrobe was the coun- Serpart of her own. oth seemed in good health ‘@nud in raiber better spirits twan yesterday, Dr. Langsdale, United siaies Army, as yesterday, was Bear the accused. At five minutes past ten o'clock Chief Justice Miller and the two Associate Justices came in, took Meir seats and the crier opened the Court, Ina moment aiter the counsel for both the State and the @ccused came in, took their seats and the Chief Justice direcied the defence to proceed with their ase, @OPTINUATION OF THE STATEMENT OF MRS. WHAR- “ TON'S COOK. Mr. Steele directed Susan Jacobs, the servant of Mrs. Wharton (ihe one under examiation last night ‘when the Court adjourned), to take the stand. She Stepped forward, took the witness’ siand and oon- Maued her evidence as follows:: On Monday General Ketchum ate some dinner and tes; 1 {to bim; T heard that Dr. Willinmus came to see Get EE chon on ihut day, but was not In tbe room at the r, and the vomit found in bisslop bucket was after be 5] found some before he came an: @ay'} found uo vomit in the sio} e in Service; on luesday morning t went up fnto his room and pit him what be would have for breakiast; be asked me if d jhad any more of that ronst beef; J told him “Yes; fasted ;*hey generall o'alock ; be was bed when J took it up: 1 put bis breabtast on m litte table the side of bis bed and went down stairs; when I came in be had eaten a pleo 4 ; Ttook him up a cup of which he did not driuk : f the ott fast Ttouk up and banded it to bim myself; when m he bad done breaktast I went up stairs and mado eu and done up his ebamberwork, and he got up then sat on the sofa: he appeared quite feeble; Le did not er when he waiked, but sat down as though he was je; when he vat down he put bis baud under his Jaw and there; woen I wade up the ved be went ana laid down, pet while I was in the room, THE GENERAL'S VIBW OF HIS MALADY. 3 went up afterwards and found bim tn bed; I wri cf nd askod him bow Le felt; he eaid to jet him alone an ‘Would soon sleep it of and feet beiter; J did not adminis. apy mecicines; 1 said to him, “General, r'pe , et mi “Did the doctor leave y% e fea, ‘one dose, but be did got think that sualici Ded taken ove dove of his own medicine, which he Knew ald be euicent;” wen T bad got my dinner all Pte ree weut aire to seo wi fast asleep; Said to let him see} um what he woul: Save for his dianer : he said he Would have & cup of tea and of toast ; he raised sod wa! e would to sit uy She twas do ibe root sarted over ‘ould soon sleep it off ; ie got up and started over the lounge, wi between the win- si be Kind ‘of ed as though be was going pitch over, and e time he got to the loung 7 ‘Went over with @ big pillow aod Le under his head ; afte: saw be was so weak I went aud fanned him for some time; r fanning him for = while I left him, went down stairs the second story back room, and found Mrs, Wharton sitting on a chair reading; 1 asked her if she would go and see Genera! Ketchum, for bi could bardiy walk across the room , and I went down to the kitcven Fang the bell when J got up stairs ip the bed, for she uted the General to Ile down, and be said be could not that bed because ‘his feet were up and his head was 2 sie tuld me to go down a bring up that bolster that w: a; T brought | seemed so fechle that she went up stairs to ww moments 83@ . Wharton was then the General ; 1 then began to T bad taken 98 the Cover and slarted to ta iter when the Et iernly to me, and [ looked around to aw nothing. DISCOVERING THE VIAL AND TUMBLER IN THE BED, then picked up the tumbler at the head of the bed that ¢ cracked jcc in it; this inmbler was In the bed, between bolsier and the ‘d, and Was wrapped wy bier ou the mautelpl 0 take it off; when I was ai rolied down the bed from } 1 picked it up and laid tt wide Of mé and then went on le te bed up; the Genera! did act go to bed while I w: after I finished the bed Mrs. Wharton left th goom; I stayed there a few moments after abe leit wgbd asked the General if he would get jn the bed Pai he said be woulds T'did not take him ihe les aad toast jor his dinner that day, for he went to sleep; | saw him aev- @ral times again that evening aster I made the bed, and he rae sleeping carly the who'e ume; Mrs. Wharton went out Maing with Mr. Loney that afternoon and I saw the Gencral often w nile aly Fone) and he was alwayn drowsy : re Was DO vomit at all in the slopjar on Tuesday night, en General Ketchum was asleep; Tuesday moraing be bed very heavily, but im the evening Le id nut; I came down the winirs aller I th bed, } on floor i 1 Mra. Wparton, wi ding, and told her what T had found, sud she saked mo, id I bring it down, and J told her “No"-I had left it up @iaire—tbat I had’ forgotten it, but that when I weat ap again T would br en I brought itdown she the bottie until ab tit the betore ‘abe Jooked at ft, and saw what was init, and she told me gs bottle away and take care of it; 1 did so; when I brought the bottie dows, while Mrs Wharton was out fading, } showed it to Ellen, acd told her where I found it; 1 0 Mra. Wharton aug more about the botlie Weinesday morning, when abe tuld me to give her the 1 gave it to ber, on Wednesday moruing Mrs. ‘ba Lon sent r Dr. Williama. Chief Justice MILtFA -What time was that? WirxRes—About elynt o'clock, | Uvink; whenT ramg the 1! at Dr, Willlams’ tie came to the door 'bimse!{, asd 1 told im Me. Wharton wanted hiv to cor nee the General, ‘who was quite bad and quite drowsy; he did not come anti gems tne after I got pack Lome; Produced in court; J never saw it befor vchum's bed; & 4 saw the bottle Dr. Wil- T found it fn peonie the 5 1 took I in any of the WN MEDICINE: GENERAL KETCHUM TOOK UIs ten; Jeaw him nee before last summer, } Ketchum bad been at Are. Wharton's house before ‘tied. @ Look some medicine when I ing away my silver: Le was at { asked him would he med General Ketebum wae all myself: it wae never a habit in Mrs, W barton’ jonele, wardro) if. ‘The witness was heve handed over to the prosecn- Mon for cro#sexamination, which was Cconducied by Attorney General Syest’® in a most thorough and searching manner. Lie put the questions to ber rapidity, and endeavored in every ble wa to make ber contradict herseil, but sue told th 6 tale. She was, except Dr. Williams, the best nines on the stunt during this trial, she b 0 elderly woman, With All tue marked char Mos of the genuine negr ner aud be Were wnbicmatte of thos’ gintn plautanion a, ley Who have been Ihe ralin@ spiTiL Of the ao. A, aire Of wb aristocratic household for a © pecome svtenely suteroeved in she | “wr Byam i uae )nited States Te #23, and retired February, 180; Tesh; a ‘Cross-examination 1 by ,Attorney SyreTER -Was ©: eet pote any man who has e8—Not for is deen ariied for four years at West Point would be well “set up. After Colonel Andrews left the stand the counsel together for @ few mo- teele turned to Miss Nellie Wi who sat behind him, and said, “Miss a te take the stand?” And turning to the Clerk Colonel Harwood said, “Will you swear Miss Nelile, please ?” f D At this midment the curiosity of the tators was doubtless compensated for long weel ‘The curt- 7 fair ana sensation-lo' males mate, Coy See: close to her mother, in of bel to catch @ ampse Of her features through the thick folds of jer mourning veil. afler day they have waited in the hall leading to court room and in the ory to gratify their idle curiosity by taking a last ook at mother and daughter as they came out to enter the coach and be driven to their dreary be vers in the jail, and now are about to have their cartosity AB rose from her seat and made her Way to the clerk’s desk, assisted by Mr. Stump, one of the counsel for her mother, he to her, “You will have to remove your Miss Nellie,’ “Gh, yes; I know that,” replied the brave young gin, fo a’ sweet, though mourniully sad, tone of SWHARING M188 NELLIB TO RECEIVE HER TESTI- Y¥. MONY. When she reached the clerk’s desk she gracefally swept back her vell and revealed a wondrously sweet though very sad face. Taking the Bible in her hand with drooping head she goo, the ob- served of all observers, while the clerk adminis. tered the solemn , and as he pronounced solemnly the words ‘and 80 you shall answer to God” she reverently bent her head and kissed tho vook. Stepping upon the slightly raised dais she seated herself, aud thus turned her lace to the full | gaze of the crowd. that filled the room almost to overflowing, It was a _ face the remembrance of which will long float in the memory of those who saw it, It probably had pre- viously been a bright, joyous, radianily beautiful face; but the long, weary months of watching and waiting beside her mother in the gloom and chill Qamp of the cell has told tearfully upon it. There are traces of great suffering and fear, of mental and physical agony, Imprinted there, perhaps never More to be removed. The cheeks are sunken, the eyes drooping and the lips tremulous, and she pre- scuted the appearance of one just risen from a very sick bed. Jt 1s almost impossiple to describe that sad face. The most Yl it pen of the practiced word painter would fail im the attempt. Oniy the witchery of the limner could do the subject justice, When she was seated and turned her tace to the crowd she hastily scanned the throng, and then the eyelids drooped and an agonizing expression crept over her face. She knew that every curious eye was centred upon her, and her nature revolted at the thought; but for weeks must the suvject of comment by rude, the vulgar and_ of the envious, and the Prernaions, too. To the first question from Mr. Steele ‘her answers were almost inaudible, but at the Kindly spoken request of that kind- hearted man she mastered her emotion and fear, ite gave her evidence in clear, distinctly articn- lated Words, though at times, when some of ine questions pointed to her mother’s arrest, her feel- Ings overcame her, and she could not answer, and the questions were not pressed, It was evident from the hushed breatuing of the crowa that she Seciied the hearty sympathies of every soul preael COMMEN' In answer to satd:— I arrived home about an hour and » half bef Keleuum died; Thed been away sloce tho. Thursday before? to come she the CEMENT OF HER EVIDENCE, Mr. dteele’s inquiries Miss Nellie before 2 left on this visit I tad been away since the preceed Jae Tuesday at Mr. Hamilton Stump's, in Green Spring Val. county: 1 bad been there nearly a week; I yt it ween Twent @ second story; a the same story; there was ither ¢loset nor wardrobe in mother's room, and she used the ones above, in the third story front room; neither of these closeis, wardrobes or stands were it locked, only the top drawer of my bureau, where I kept my jeweiry, and one of the sides of {he sideboard, which Susan used and kept tt key of; Ellen hi access to all these places and put away our clothes; the aregoric was Kept in the wasbstand w we always kept iF mediel Deas ul was never & Dt locked; me kept our jogs and slippers there; there was never muh mi Kept there; 1 weat to lt constautiy. TT THAT MISTERIOUS VIAL. The vial which had been found in Goneral eichum’s bed was here handed to Miss Nellie and he question asked whether she had ever geen It before. She replied: — I never saw this vial about our house except the day Gen- eral Ketchum died; it was shown to me that day, and 1 was en positive that had never before seen it; when I got ome Brat, before General Ketohum died, 1 found motser yery much’ excited; she had written for me to come home Neilson’s, tn Hartord county, where I was T home there was no male friend the house to do anything, and had talked sbout it and yn went tor Mr. Crawford Neilson; mother talked about ir. Nellson before I went for amt then took s carriage guid went for him at bie, house, and I returned home just as eral Ketchum died; there were young ladies at both Mr. Slump's and Mr. Ni T visited, who were toti- mat ds of imine, and ell visite before starting for Europe this time that we up June last, and as far back aso October T spoke of our golng to, Europe to Mr. i. Slump; our tiokets were purchased last March to go to Europe on the 7th of last June I went to New York with mother to purchase them ; we did not change our mind about tbe date of our going to Europe until late in Mi it was on account of my sickness; at that tim: the date in May tothe [2th of July Inst; I wa: May, and mother was not very well; my mother’s hot furniture were leased, and the lease signed, Mr. REVELL—If there is a lease produce it, Miss Nexiig—I know that motber tried to lease the honse and furoiture for some thne before we were calculating to start Mr. STRELE—Had you at the time you were going to start for Europe 815,000 10 goverument bonds of your owa to do with as vou desired ¥ Mr, ReveLt—We object. You might ask every relative Mra, ‘Wharton bas if they had goverament bonds; (dat would not be evidence. Mr. STEELE—The prosecution hare contended and at- tempted to show tbat Mrs. Wharton was seeking money to enable her to fy from the country, and the object of tuls testimony isto show that her daughier, who was going with her, lad the ready motey, which she wight tave fiud {f she Soliad willed. 1 don’t propose to argue it as admissibie, Chief Justice MILLER—Mr. Steele, you may ask the ques- ton. Mins Neutie—I bad at that time §15,000 of government bonds of my own; after { eame home, the day General Keichum died, ] was with motoer nearly ail the Time, and not away from her more than fire minutes at any one (ime, and thea generally one of the Misses Mayer was with her, NELLIB TAKING THE GENERAL'S EFFECTS FOR SAFETY. The afternoon alter General Ketchum dieq I was in my room when Mra. Hutton and Mrs, Loney asked me where mother was; [asked ber what and if 1 could do it for her; mother was not in th time; Mra. Hutton sald she had brought General Ketchum watch, pocketbook and kevs (I think there were two on a string). knife, matoh box and a little box for matches, which she wanted to give to mother to lock pi T told ber to give them to me, and J would look them up fn'my drawer; I took them froma ber, put them in my drawer, which I kept looke and I always xept the key of it myself; them there watit Mr. Charles Ketchnm came over on the Fourth of July following; when he came to our bonas T did not see him until after dinner; my mother talked with him for some in the parlor, and then they came up atatra; Mr, Ketcham passed on to the third story and mother came into my room and said she wanted those (hings of General Keichum’s. Mr, REVELL—That is not evidence, Witwres—I then went and uolocked my drawer and gave the artioles to ber, she holding ber hands together to receive them; she went ip staire with them and I stood talking to her as abe went up; I could eee her-all the way up to the third story front room, and ad the things i bands all the thine until entered the locked uy ail the things I got from Mrs. Hatton in my drawer and i tried the key; the key of General Ketch- tom's valiso was among the things I gave, to mother on that same evening General Ketchum died; the keys were got from me to open the valise of General Ketebum by Mrs. Hutton ; somebody returned them to me, and {think it washer, but am not sure; my mother did not have tue keys to my draw- ers while ' the articles of Geueral Ketchum were in there; General Keichum was in the babit of coming ‘several times in the year to our house; I am certain he came as many as three or four times in the year atleast; Mra, Chubb was avery frequent vsltor: sometimes she came over from Washington every Sasurday, to spend Buntay, several Saturdays in succession ; abe came once a month all Serer round, to say the least; as soon asi returned home on day General Ketchum almost immediate; bow ot may Wardrobes josets; tere were very few things in them at the time, for Thad left my trunk at Mr, Netlson's, where I had been viniting, and the rest of my things were prckes up; I hed Occasion to go to It to change my dress, bad been travel- ng, and it was very dusty; 1 saw no vest in elther closet or wardrobe; there were a pair of panis in the wardrobe, and ees calling my attention to them, told me ney d she bad put them there: if there bad been a vest there I ld. certainly have seen ft, there were so few things there; there were a great miauy persons about the house wheo J arrived; | saw old rs. Van Ness, Mrs, Hutton, Mra. Loney, Mr. Bargent, Mra, Eugene Van Nena and several others; I knew the doors of te honse were kept open nearly ail the time, and there were mauy pasting in'and out; mother had not’ been wery strong for some Ume before the Thursday when I went to pay a visit to Mr. Stumps; I tntended to stay loner at Mr. ellaon's, but was called home by mouner's letter and left my trunk thera; I telesrapbed to Mra, Chubb to come over to Baltimore, in consequence of w telegram abe had sent us the jay bef ore. Auorney General SrxereB—This fe all wrong. Produce the telegrame, Mr. STEELE men introduced the testimony want to show why it was sent, ist at the beginning of this, and Mrs. Chubb sent a telegram wanting some of us to go down, THE WITNESS OVERCOME WITH GRIEF. ‘The young iadv's eyes here filed with reomed to be deeply tated. Mr. Bteele gu Sminavon, when Attorney Genera, byester said, “Go on; of want © slop the witness.” Toph the reeponsibjiity of doug i, if you were Mr. Van Ness, a fee Aroiy, cane in acts Oro pales, who took eee rene Serer ny spoke to one Jadies, an: MISS NELLIE MAYER ON THR STAND. FIRE is. all of them were not of the same ai: to make a mistake that as her try durante mere, On sane Wharton's house, oy a) not um medicine from a bottle stated what I have said; I heara al several times in Baltimore, but don’t remember or where; G ‘etchum was then staying at Mrs, Whar- ton's; when this conversation he did not tell me who ribed the medicine he took ; after this visit to church I Hext suw the General ina carriage at Wasbington, but did io speak to him; I don’t recollect seeing bim again until last june, Attne conclusion ofthe testimony Chief Justice Miller said that it was three o’clock and the Court would adjourn until to-morrow morning at ten o'clock. The excitement here to-night over to-day’s proceedings 1s intense among ali classes, and it 1s Yumored that to-morrow the testimony offered by the defence will be of the same imporiant and tater- eating character as to-day. WINGS, TRAPS AND TRIGGERS. Captain Josephs, of Patersor, Forfeits to Tom Taylor, of Greenville—The Brothers William and John Taylor Shoot to Make Up a Day’s Sport—A Jolly Crowd=John De- feated by William. Asmall number of persons yesterday afternoon found their way to the ‘Idle Hour,” at Greenville, N. J., for the purpose of overlooking a pigeon match duly made between Tom Taylor, of the above sum- mer resort, and Captain Josephs, of Paterson, for $200 a side, each to shoot at-twenty-five biras, ‘When the hour arrived for the principals to be on the ground word came from the muscular Josepns that he would not bs enavied to put in an appearance, “owing to previous engagements;” but what the pressing business really was that caused him to disappoint Taylor and the interested visitors did not transpire. However, the tarong that filled the saloon attached tu the place would not be satisfied without some amusement of the kind, and they clamored for a trial of skill between one or more of “the shots” present, and ultmately succeeded in thelr wishes, It was an appreciative assembiage, Indeed, though small. There was Jimmy Murphy, the best of genuine sportsmen, wearing the same old look of quiet reserve, Then there were Bill Taylor, of frolicsome humor, but a little disgusted at the non- appearance of Josephs, and Jonn Taylor, his brother, the crack of whose gun has frightened many professionals, ‘the olive-compiexionea Oreamer, his full round face lighted up with an appreciative glow, was also tnere; and Joe Tyson; In bis Alexis overcoat, reinforced by hs trained dog “Joe,” and the hard, cast-iron features of Old Pot- ter, the sport of other days, Waa in cose communion with @ “good shov’’ from “up the Broomfield road.” Weeks was there, ana he counts a dozen in his nobby dogskin cap, No. 8 duck overcoat, top boots and brierwood pipe. So was King, of lilinois, and Fahy he grusped the hand of his old antagonist, onn Taylor. And there were counirymen with their “popguns,” who always prey on the outskirts of pigeon matches, and who looked as if they sub- eisted in this way during the winter months. ‘There Were tivo ur three smooth-laced young men, with loud woollen wrappers about their necks, down irom the city for the day. These mice young men looked as if they mignt be Identified with mercantile pur- suits; and there were others present nct usually supposed to be interestea In ornithological matters, “Wel, Josephs has backed out; let’s have some sport,” cried the leading gentleman. “Bill Taylor, fs think you are shot; now I'll match your other Joun against you for ten birds aside and enough to make it interesting.” “Haven't shot @ pigeon in @ year,”’ responded the blonde Bill. “But haven’t I heard you say you could clean out the Taylor family ?” “What if Ihave? I didn’t care to shoot.” “Shoat 'm, Bui !? shouted in a stimulating way a gentieman ih corduroys and red shirt, with the stump of an aristocratic cigar between lis lips. “Pi do tt, just to make up the day,” and the throng adjourned to the ground, soon to see Jonn, the big brother of Bill, come to grief. ‘The traps were of the ordinary i and T character, and the rise twenty-one yards, wit cighiy yards boundary. Weeks bandied and trapped, and did the work as if his heart was in the Uusiness. His soul must be invested in pigeons. ‘Tho trst, bird he selected was neariy white, and as he prepared him for the trap with tho afr of a connolssear, pro- nounced him a ‘schemmernorn.” ‘The toss sent Jonn Taylor to shoot frst, and ne did so, witha strange gun, just as Jimmy Murphy shouteu good- humoredly to Bill:— “We'll send you home the loser.’? “Pil never weaken, you can bet,” deflantiy re- turned the bionde, ‘The trap was pulled and Weeks’ “schemmerhorn” was in @ good condition for potpte, Fil! also killed his frst bird in style, but missed the second, and Weeks went inio ccstacies, Joun, in his old way, killed the second and third, but missed the fourtp, and Bil had the laugh on his brother, “Jack, you had better retire; I'll be the champion shot of the Taylor family,” cried the blonde, And go it went all the way through with pleasant chad and a short, svarp, decisive contest. John missed his sixth and eighth birds, but Bill scored “dead birds” until the tenth,-which he missed, yet ne had killed eignt to his brotuer’s seven, and the result pleased the victor greatly. “Practice little more, Jack, and Ill shoot you again,’ shouted Bill, the blonde, as the traps of the shouters were being gathered, and the jolly crowd ispersed, Well pleased with the day’s amasement, ‘The following 1s the score:— Witham Taylor—1, 0, 1, 1, 1, 1, 1, 1, 1, 0—Total, 10; scored, 8. John Taylor—1, 1, 1, 0, 1, 0, 1, 0, 1, 1—Total, 10; scored, 7. UNPROVGKED AND DANGEROUS ASSAULT. Ani jortem §Statement—Kac: of the Per. Detrators. Curoner Young was yesterday callec to the house 63 Mulberry street to take the ante-mortem state- ment of Jonn Kelly, who, at an early hour last Monday morning, was brutally assaulted without any apparent provocation and dangerously beaten. From. the statement of Kelly, who lies in a precarious condition, it appears that he was coming dow) Mulberry street from Bayard with ‘Thom McKiernan, and when opposite 65 Mulberry street met Patrick Devins and another man, who were making considerable noise. Kelly said to them, “Don’t make 80 much noise; it 1s Uhristmas morn- ing.” Without making any rep! Kelly on the head and knocked him senscle: th Sa and, he was recovering his senses, james Clancy came from the hallway of No. 65 and struck Kelly on the head with a short bar of tron, and as he fell he canght Ciancy py the pautatoons; the latter then struck Kelly sevorai more biows an dragged nim into the ery #tore, No. 65 Mulberry street, Where the victim’s sister came to bis assist- ance. Kelly, being pushed from the store, was taken to tho sixth precinct station house and attended by @ physician, Deputy Voroner Marsh, who made acarefal ox- amination of the jaar man, regards his recovery Cc as extremely doubt ‘The jury rendered a verdict against Devins and icy, and they being at larg: Coroner Young issued @ warrant for their arrest and eae it in the nands of Captain Kennody, of the ixth preeimct, for execution. Kelly is twenty-nine years of age and a native of Irejand, BURNING OF A RAILROAD DEPOT, Conconp, N. H., Dec. 28, 1871, The Monadnock Rallroad depot, at Peterboro, ‘Wee Dnrned yesterday mor Most of the freight Yes paved. ‘The lose i» $6, CITY ROBBERY AND FRIUD, FRAUDS ON THE TAX OFFICE. New York Firms Represented by False Affida- vite—The Case of Messrs, Iden & Co—The ~ Forged Affidavit and Signature—More Work for the Grand Jury—$75,000 Taxes Reduced to $400. In consequence of the numerous city frauds re- cently laid before the public 1% might easily be imagined that the Committee of Seventy, who were appointed to investigate them, bad fully unearthed every swindle which has existed in the various city departments; but from the following case it would seem that this commitiee has failed to detect every existing fraud. A short time since it was reported that certain evidence had been aid before the Grand Jury which would disclose some startling factein regard to the Tax Commissioners’ office. In this case, however, the fraud has not been committed in the Commissiners’ department, but in the department set apart and known as Arrears of Taxea Department. Atthe head of this @ counsel to the Commissioners 1s appointed, who hag the sole charge of prosecuting the parties who may not have paid their tax imposed upon personal property. This appointment is in the hands of the Comp- troller of the city of New York for the ume being. It having been rumored that certain gross frauds were guing on in this particular department @ thorough investigation has been mad in the mat. ter, and the following 1s the result, thus showing that a great swindle bas been perpetrated on the city, The mode in which these frauds were com- mitted 18 a novel yet apparently a successful one, owing to great want of vigilance on the part of the heads of this particular department or a collusion ‘with outside parties. From information received 1t appears that in, April last a formal notice of unpaid taxes was sent from THE TAX COMMISSIONERS’ counsel's office, to Messrs. Iden & Co., the well known gas fixtures manufacturers, doing business atthe vorner of Hester and Baxter streets, in this city; but as the amount charged appeared to be greatly exorbitant these genuiemen determined to get a reduction made, and piaced the matter in the hands of Messrs. Yard & Furlong, of Broadway. Subsequently it appears that one Uharles Tratnor |. appeared upon the scene, and induced a certain party to commit a fraud by falsely representing bim- self as coming from the sald firm, on payment of a consideration—to wit, $150. The party im question Was at length induced fo take the bride, avd a nouce was given him which corresponded with that sent to Idea & Co, The amount charged against tha: firm Wag $75,000 in both notices. When the notice was handed by Mr. ‘Jrainor to the bribed party it was stated that he was to go to Mi. Andrew J. Smith, the counsel of the ‘Tax Commis- sioners, Whose oilice was and is in Nassau street, With the notice in question (having a note of introduction irom him, Trainor, to Mr, Smith), — and represent Himsell as being one of the arm of iden C0, 5 thac he was to inform tnat gentile. man that the sum charged was too excessive; that the firm had only a sample room in tis city, Uhat their factory was somewnere in Connecticut, and that they kept no bank account in New York. ‘That upon these grounds the tax would be reduced, upon a formal order being obtained before one of the Supreme Court judges, Nr. Smith, as such counsel, giving his assent to such reduction. In order to get the case into proper shape, how- ever, an afidavit would pave Lo be made by the sup- posed member of the firm of Iden & Co, in support of his statement. This affidavit was made, anda formal order obtained for a vast reduction, whereas the real taxpayer wouid only Lave a small reduction made in the original amount charged, ‘while otner parties would POOKET THE DIFFERENCE, In order to ascertain te trath of such @ statement & Heravp reporter personally aitended at tie vilice of Messrs. Iden & Co,, in Hester street, and tn- formed those genulcmen of the supposed fraud, which haa been committed by falsely representing their firm and forging their signature to the a! davit. Mr. Iden stated that he knew nothing whatever of any such transaction. He only knew that a formal Notice of unpaid taxes was sent to lum lor the 1870 taxes; but, a8 their tax had been largely Increased every year since they hada been in their present place ‘of business, he objected to the amount charged for the year 1870, and placed it in the hands of thelr solicitors, Messrs, Yard & Co., for the purpose of being inquired into. ‘That after doing this he did not troable anything further about it, as they promised to get a- redaction; but how much that amounted to lie could not tell, only that ‘me-umount was far irom being a little over four hundred and six dollars, “and,” adacd he, ‘1 should only be too giad if it were not more than’ that sam in thousands.” Tue original tax was supposed to have been reduced from $75,000 to $400, costs amounting to $47, being added, Afler some furtner conversation with the gentleman referred to, the reporter went to Messrs. Yard & Co. for full particu lars of the case, as they had all the papers, and if & FRAUD HAD BREN COMMITTED he wished to have it discovered. After this intro- duction to these gentlemen the writer called upon them at thelr office, 293 Broadway. Havin, “i Messrs, Yard & Co. of tie object of the mission, Mr, Yard pooh-poohed the idea that any swindie had been committed, and said that the maiter was conducted in the usual way; that they commenced the suit on Dehaif of Messrs. Iden & and that they gained a verdict in their favor, He also stated that the papers in the matter were in his possession, ‘ ‘The reporter 1nformed these gentlemen that he had good reason to believe that a fraud had been prac- Used upon Iden & Co, througl some one connected with a0 oMclal in the Corpuration Attorney’s or some other department, and as they were the soltcl- tors of Iden & Co,, he begged thelr assistance in the matter. Although they did not actually say they would net furnish the required Information, taey were nevertheless very reticent, aud no additional partlowjars Could be Obtained. A visit was next pat MR. BERNARD SMYTM, the Receiver of Taxes, with the hope that some further light might be thrown on the case, and prove whether or not an actual fraud had been committed. Mr. Smyth, haviog been partially informed of the above facts, said he was sorry he could not give the required assistance, as the case was entirely out of his department when once tnithe Counsel's hands, by whom the arrears were received. He, however, referred the matier to ‘Tax Commissioner King, but that gentleman, al- though perfectly willing to ald in detecting tho frand, said 1t was out of his power to render the necessary assistance. He, however, stated that Mr. Andrew J, Smith would be able to give all nece: rary information in the case, as he had the full c trol of them. He also added that Mr, Smith had been removed from ofiice as counsel to the Com- mussioners by order of Comptroller Green, but on what grounds he could not state, Not to be daunted with these misfortunes in getting the required in- formation, the reporter has visited Mr. Smith on two of three occasions to learn what he had to say on the matter and communicate the facts, as above related, to him, Mr, Smith, however, denied that he knew of any such @ fraud, and that he was innocent of any such charge. Mr. Smith stated Mr. Trainor had been to his.oftice, and might have asked him to reduce some tox; that he mi git have introduced some one rep- resenting idea Co,, but that he nad no recoilec- tion of the person who came, or, indeed, the case, In answer to certain questions put by the reporter Mr, Smith said he had no papers to reler to in the case, nog books, as he had delivered them to the Comp- trolier, Mr. Andrew Green; but he stoutly denied any complicity, which denial was promised to. be inserted. Mr. Smith sald that he had received the appointment through MI, PETER B. SWEENY, @ relative of his, and that there had not been a very good feeling existing between him and tne Vom- missioners wile he acted as counsel, as fe kept aloof from them a8 much as possibie. He also stated that his account books would show the exact amount received by bim for arrears of taxes, but he could not recollect what had been paid by den & Co. or how the money was paid. Mr, Trainor, who is said to have paid the mouey to the party making THE FALSE REPRESENTATION and making the aMdavit, was also sought for, but he denied tne statement as put to him. In reply to questions put to bim he admitted le knew Mr. Alex- ander Campbell (the party who made the false re- resentation), also a Mr, Hall, said to be tmplicuted i other cases of a similar nature, and oth i but denied having any wrongful transaction with them. He is satd to have threatened Vampbell, however, if he ever went back on him. After the order for reduction was obtained a check according to the Information received, was paid by Mr. Trainor tor the sup} amount; of Iden & Co, ing to @ little ander , Which was signed by Mr. Yard, but this check cannot be found, neither Mr. Yard's passbook, and that gentleman states that, as he 18 careless about moncy matters, he does not think fe entered the amount in his book. No Papers can be found either, nor any entry, made, although @ suit was gaid, in the first instance, to have been brought by them against the city, and not against Iden & Co. Although Court fees must have been paitt et, according to their statement, they havo not a Blngle entry On any of their books in reference to the transaction. AS a last resort to trace the sup- for d false affidavit and to get the order of the Court made on tne 9th of March, 1871, aud which was filed on the following 11th, the rec- ords were searched in THR COUNTY CLERK'S OVFIOR, when !t appears that an order was made by the Court tor the sum of $447, 1n the place of $70,000, by the conseut of Mr. Smith as the Commissioners attorney. ‘ a the papers was also foand the following am. AVI Tne AUPREME COURT. —In the matior of the petition of Bernard Hmythe a a Koceiver of Taxes of the any of New after beli here, eae ihe vender, and ‘he Bridgeport the of New except ores! a peerage re -3. W. MAN, JR, Notary Bublicr Now fark eouatye After obtaining possession of a copy of this am- davit, togethor with a fac-simite of the signature thereto, the reporter had another interview with Mr. Iden, and he dented in toto the facts contained therein, and SroncuEye the signature a forgery, as the handwriting was entirely aiferent, Mr Iden said that they never had at any time a factory at Brigeors or any otner place except this city, and ‘hat their factory and warehouse and sample room 4s in Hester street; that no one in their empioy was eyer directed to make such an affidavit or use their signature, and that the whole aMdavit is a tissue of falsehoods; that they have paid the amount of their taxes, less @ slight reduction made, and are now overtaxed in reality, They pronounce the affidavit asa perfect forgery. ‘The writer theu paid a visit to the newly-elected at- torhey for the collection of taxes and was at once permitted to imspect the ledger containing the amounts of arrears of @axes for 1870 and the sums aid. Much to his astonisbment, however, he found ‘hat not one cent had been ted to tne firm of iden & Co,, although they state they have paid their taxes, and by a marginal nove in the book the amount ts returned as dismissed, 18 18 ogi tees of many such cases, and the pub- Ho will see that with traudulent aMdavits and maut- puiations of the books the city is being defraudea Qi large sums of money. It remaisto be proved wno are the gullty partes, st CONFLICTING COMPLICATIONS. Sad Story of Domestic Differences as Told by Husband and Wife. Lifting the Veil from Marital Life in the Abodes of Wealth and Fashion—Stranger Revelations in the Realms of Fact than in the Realms of Fiction—A Gordian Knot of Diffi- culties for Justice to Untie. Another of those cases, carrying with ita patuful exposition of an unhappy condition of domestic affairs, oceupied a good share yesterday of Judge Cardozo’s attention in tie Supreme Court, Cham- bers, Alline more painful is this parucular case as the parties occupy a high social position in this city, though embracing in its legal recital of the multifarious details & voluminous mass of affidayits which, if directed to the waste basket, would make | the fortune ol a refuse paper dealer. THE STORY is capable of being briefy told, Emi! Justh, a native of Hungary, long years ago, in the first flush and excitement of the California gold fever, left the home of his childhood and jolned in the wide-spread hegira to the newly-iscovered El Dorado on the Pacitic coast. Midas-lke, everything he touched turned to gold. After staying there several years he came to this city, bringing with him bis auriierus hoardings, His bags of gold dust inspired a friendly regard for him qnd his interests in the breasts of leadiog Wall avfeet brokers, and, through thei magical united influence, he found speedy intro- duction into the most wealthy and fashionable s9- ciety of the metropolis, In this charmed circle he met Miss Virginta W. Center, whose father was president Of one of the largest banks in the city and herself a lady of rare personal beauty and accom. pishments. Her father died, leaving her a large fortune. Hesetup @ banking house, whieh is stl:t his business, There was considerable discrepancy in therfyears, but he offered ner bis hand, and it was accepted, THE MARRUAGB took place July 22, 1862, and they left at once on their bridal tour. Such an event in fashionable cir- cles could not culminate contentedly in a trip to Saratoga or Niagara Falls. They set sail tor Europe, And now—for we will follow first the thread of her narralive—there suddenly came a change over the spirit of her dream. He, as she avers, before the oceanic voyage was half completed, enterea upon a aystematic course of ili-treatment and abuse of her, and that the result was that, with eves dimmed with ‘tears and hopes crushed and heart preaking, tie ‘wedding trip was completed. He early insisted, us sae alleges, upon her trausferriug her property to nim, Which she refused to do, and which has ever aince, according to her story, been the great and cnet BONE OF CONTENTION between them. On tue evening of 1869, in the rooms they occupiea ia the nouse No. 116 West Thirty-fourth sireet, which house was and Js still, a8 she Cluims, her sol and exclusive property, she says he was particularly violent because stie would not transfer to him halt her property, and cursed her and her unborn child. She was obliged to go to her brother and mother, who livec with her, for protection, and the former threatened her husband with personal chastisement if he did not desist from His abuse of her, which had the effect Lo temporarily quiet him. vn this occasion he shook his fst at her and iitted a chair as if to strike her with it, but did not. tls conduct Was such that he drove his mother and all her rela- tives from the house. Some six months later, throngh fear of extreme violence, she promised to make the trans/er he Nad so long importuned. Hor husband brought a notary to the house, with the proper papers drawn up for her signature. She re- fused, however, to place her signature upon any of the. papers, and the notary was oblige vo leave Without the object of his mission being accom plished, But this, it sppears, was not the ouiy source of unhappiness to her, Their DIFFZRENCES OF RELIGION in‘ensified ms acrimony aud abuse, she being a Protestant ang he a Catholic, Jn the summer of 1865 he went to Europe, and in his absence sie joined tne Episcopal Church. On bis-return she told him what she had done, which 1uade tum more "| furious than ever. On oue occasion she says ho threatened to kill her aud tie children. Ouce he took away the eldest child and kept her away Mouths, and threatened to take them atito Ka and keep them there i! she would not comply wiih his demands in te matter ofMtransferring her roperty. She iurther cli es hin with addressing her in the presence of her children with coarse and profane language and threatening to send her to the Lunatic Asyium., At length, wearying ol his con- tinued ill-treatment ane lier health failing in con- sequence of it, she sought the luterierence of the courts and brought @ SUIT FOR A #EPARATION. This was in June, 1870, This suit advanced to the point of the issue of an injunction by sudge Cardozo restraining Mr. Justh from interfering with her or with the custody of the chlidren, or claiming any authority over them until! the Court so ordered. Beneath this proceeding lay lurking the leprosy of disverecavle scandal. It was deemed undesirabie Lo Mit the vell from their private Ilie and reve! to public gaze the odious skeleton in the closet, Ao- cordingly ‘ ARTICLES OF SEPARATION were drawn up, in which he stipulated to give her, ag saith the athaavit, ‘absoiate, sole and exclusive care, custody, control, management, direction and education of thechildren,” aud she to live whore and with whom she pleased. ‘This agrecment was to continue in force ull January 1, 1573, She cbarges bim with a total disregard of his part of this writven obitgation. but the story does not stop here, She says that he was paid $90,000 for siguing these articles Of separation, or, as ber counsel ex- pressed it yesterday in his remarks to the Court, he soid his children for $30,000. And yel ihe story of her alleged wrongs is not cuded. she charges that he coerced her into signing a CONFESSION OF ADULTERY, and that this confession, thus wrenched from her by force he took to her guardian and demanded $70,000 as the price of its destruction. Her guardian would not pay this sum, or any sum, but ber brother did $30,000 for its surrender, wiih the furiner stipulation that he sign the articies of sep- gravion above referred to, which he did. ‘this mat- ter settled, she retired with her hree chil- dren to her country abode at Oyster. ay, L, L, to enjoy quietude in their sotiely and wo perate her shattered health, she was not permitted to do so for but a short ume from June 7, 1870, Meantime, by the udvice of fnends, she had determined once again to enter We arena of the courts and Institute PROCEEDINGS FOR A DIVORCE from her husband. Before she had taken the initia. tory steps, however, it was charged on the pari of her huepand that she Intended leaving tne State, and accordingly @ motion was made on his behalf for an order restraining her from ta¥ing the chil. dren out of the State, and also, as it is jegaliy and learnedly phrased, for a writ of ne exeat preventing: her going out of tne State, and coupling with these ; an order permitting him to visit the children, 16 was on this motion that the matter came up yester- | day in the Court, Before reciting other allegations making up the residue of Mra, Justh’s story, bat which we will give aflerwards as her reoustuls of his statements, we will now give the NARRATIVE OF MR, JUSTH, His story, epitomized, ts a general dental of all her allegations againss ium, He claims to have heen @ good and devoted husband antll ner co! won of ataitery. The adultery of which he says she conlessed herself gutity was committed win the capiain of an ocean steamer, 1p Which she took @ trip to Europe. He. says bets greatly attached to the children, and charges her with having sedu- Jously sought vo estrange them from him; with February 2, not permyting them to mention bin i their rm, and forvidding the nervante w meni hig maywe in thelr prepenge, Whe DR: were submitted, but nov ; the aduiterer to her. One of these, which he have been an intercepted letter, revealed the her tntended removal of herself and Iewas upon the iuforaation ‘chus gained thet qj applied ‘on the 11th inst, to. Judge Cardozo for temporary injunction, which the Judge Joining her from taking the children out State and beyond the jurisdiction of the Cot also for an order to show why the same shi be made perpetual and a proper fixed for him to visit the children. In ad to bis’ ailidavit several others were read bis of the case. To various of the above were submitted STATEMENTS IN REBUTTAL on the patto! Mrs. Justh, The charge of with the @x-colonel cf volunteers she denies nhatically, She met the geotl refer is wife at the house of @ mt D, one Seciares (ae sees has nares ey ween them bul pures' iriewtenipcs story asserted by we ‘wile of the nel to be, inher belief, the truth, the whol and nothing but the truth, to vhe aul her cl to his name tn their prayers she presents in the being almost too petty and conan Nat confirmatory aMdavits are like present her side—as, for instance, [rom her moter, brother and servauis in ner employ. DISPOSAL OF THE OASB. AS It was considered Mra, Justh’s right to with farther aMdavils various new matter ses im the affidavi's submitted for the Judge, after listening to the reading of posing anidayits, upon which the counter he story, a3 given above, are and the uments of the counsel on sides, Mr. Ira Shafer appearing for Mr, Justh Mr. Joho D, Townsend for Mrs. Justh, tne further hearing in the matter was adjour! the 15ih of next month, alcogethes @ more ously mixed case rarely finds its way into Courts; but while itis one from which it may aimcult for the reader to draw satisfactory ono sions, the swerd of justice in the hand of its Di folded representative will doubtless sever the Gores dian knot without dificulty. NEW YORK CITY. Addison T. Terry, a a cierk in the employ of. Hallock, of 114 Nassau street, was committed at Tombs Potice Court yesterday afternoon, on a charg@ of embezzlement preierred by his employer, Mr.’ Hallock says he gave Terry $2%3 to be deposited the Park National bank, bat instead of deposit Une whole he appropriated $200 to his own use, The remains of a male child, apparently of recent birth, were yesteruay ‘ound lying behind @ rock @ vacant jot in Filty-sixth street, between Mi and Fiith avenues, and removed to the Morgu Where Deputy Coroner Cushman will mako @ post« mortem examination tor the purpose of determuné ing whether or not the bube was born alive. An address has been presented to Mr. G. Wa Miller, Superintenuent of the Insurance” Depart~ ment of the Stat» of New York, signed bya large’ Number of insurance companies, in which the fol lowing passage occurs:—The subscribers know no case in which a needless examination. of the affairs of any company has been instituted, or four corrupt motives, or in which impro) have been made for the duty performed; and Know of no repitnbie company which would shi from an eXaulaatioa vy you into its affairs, Star Council, No. 49, 0. U. A. M., comprising 200° Hoboken gentlemen, neld thelr Grst invitation at Irving Hall inst evening. Wallace’s band was attendance. Mr. Join KE, Eberhard.~ the heavy Weight of Hoboken, was the cynosure of eyes, About seven tiundred men and a large mi ber of ladies thronged the hall. Officer Dewey, the police force, and Charies W. Gaunt were chief masters of ceremonies, A sumptuous sq) foterrupted the exercises after midnight. the more comely gentienten and ladies sallied fortim and staiked over ihe floor on light, fantastic 4 and the festivitios were prolonged to an ad' j hour, THE CITY HALL. Board of Assistant 4 The Boara met yesterday, John Galvin, Presiden: in the chair, Besides the dispos® of a good deal routine business the following reaolution was adopted nem. con.:— ‘That the Comptroller be and he te hereby authorized and directed to draw bis warraot io favor of each of the Co tuiasioners of the Slaking Fnnd, for the present year, for: ‘sum of $1,000, as compensation for rendered; fn favor of tho Presisent ot the Board of President of Hoard of Assistant Aldermen for pr year, each fur tue sum of 1,000, for services dered the committees of their respective Boards and servioen rendered - of iv, the amount to be charged the account of “Oily Contingencies” or any other appropri account, Board of Supervisors. } The Board of Supervisors met yesterday afternoons Mr. Thomas Coman tn the chair, Mr. Reeves EB, Selmes, Deputy Cierk of the tendered his resignation, which was pores ger Mr. James Dunphy was appointed in his stead. A bumber o/ officers of the Marine Court wi then Foappountng by the Board. A bili for $8,042 ror stationery and printing for t! rd_was ordere:! to be pata. “ A Urge was adopted to pay the © Uills tor the last quarter, amounting to $18,000. ‘The following bills for post-mortem examinatt were also ordered to be paid:—Dr. Cushman, $960; Dr. Beach, $1,100; Dr. John Seach, $1,800, and Dr, we resolute} opted to fi resolution was adopt twenty: omcers of the Court ot Oyer aud Norinines each for thelr serviccs, A resolution was 80 passed to lease Nos, 180 to 143 West Twenty-third street for ai armory for the Sevcuty-ninth regiment, at $10,' a year. The bills of the special committee of citizens ointed to Investigate Lue city accounts, amountil 0 about $4,000 for expenses, was ordered ie when the Board adjourned, : Mecting of Deck Commissioners. The Commissioners of the Department of Docks held @ weettng yesterday afternoon, Ni business of any importance was trapsacted, q the exception tat the Board took cognizance of re« ports from the various superintendents of districtay which stated the general tonnage of the vessels iy thelr districts during tne month, PAILURES IN JERSEY OITY, Two Wealthy Firms Going Down the Ht ‘There were two failures during the present wee in Jersey Clty, On Tuesday the firm of Deroy, Snow & Prentice, ninder merchants, fated to meet) itd obligations, and there was a rush of creditor during that and the following day. The members of the firm state what they hay veal estate sufficient to meet all demand: if their creditors will only have a Titel patience. It was from this firm that the publi dock was bought two years by the Board | Aldermen of Jersey Clty for a Ld ae, thé city detives no revenue the: ‘at ts wort mentioning. It is simply @ place of accom! for private par! who are in the ‘4 3 , On Wednes te firm of Rom & Leicht,’ @ hill near the Hoboken boum Haptlities are reporvou. nt $400,000. he been very depressing on many Orms in J owing to the ecarcity of money. The taxes contribute in a great degree to this result, THE OHICAGO TRUNK MYSTERY. All Discharged by the vidence to Cenvict Them. Curcago, Dec, 28, 1871. The Coroner's jury have been all day investigat- ing the Mrs. Amanda McCoy abortion case. The evidence taken proves pretty conclusively that abors tion had been practised upon the lady; put it was also shown that l¢ had been dong before she Feechea this city, William Shon, tho {% master, and Mra. Fahibrasi, the female wiose house Mrs. McCoy diel, have been discharged, oy ee” failed vo criminally connect them with whe cast The Persops Arren' Authoritios=No 5 TOM MURPHY'S MEAN MANGUVRE, Some time ago Thomas Murphy, @ sewer cone tractor in Newark, perpetrated a very mean trick on hismen. He owe'l them a considerable amount of money, They became clamorous and he went with them to tho City Hall to gob fonds on work ho was doin, for city, He went in and they waited outst, We aoe $690 and slipped oat the back Way and has not been seen Fince, At last accounts he was in st Loul ‘The orty will: come soon on iis snveties for the fal miont of the Work; hut the poor labarera Dave BO body 0 come down om |