The New York Herald Newspaper, February 2, 1872, Page 4

STOKES. [25 The Murderer of Fisk at the Bar Again. Jndge Ingraham Denies the Motion to Quash the Indictment. The Coroner and Grand Jury Fully Sustained. Constiutionality of the Oyer and Terminer Vindicated, > Pleas in Defence and Mitigation by Stokes. As early as nine o'clock yesterday the steps and haliways leating to the Oyer and Termiver Court room were filled by an eager snd tmpa- | tient crowd waiting in the expectation of a | decision of the motion to quash the indict. ment agalust Stokes. Of course with most of those present tle predominant desire was to see Stokes, Who, it was well Known, wonld be brought into Court in case Judge Ingraham, who was to render the decision, was ready. As svon as (he doors were Opened tie crowd pushed in ull every seat and all the avaiiavie sianding room was occupied, At hall. NEW YORK HERALD, FRIDAY, FEBRUARY 2, 1872.-TRIPLE SHEET. the Oourt of Sesst: der the statu’ cr'ikon aul@ortang tone court to coutinus tue seme pa ta ecvouse twa future day, and under the to be empanetied in the Court of Uyer and ‘Te rminer and in the Court of General Sessions, and to meet at and during the same time. 1 do not propose to examine those questions as to the power conferred on the Sessions by those acts. _1i 18 in ROWise Lecese sary to the discussion of this motion, and I refrain trom the expression of any opinion thereon, 1 stall coniine myself solely two the inguiry what effect those statutes have upon the Court of Oyer and Ter- miner and the acts of the Grand Jury connected with tits Court. I remarkea upon the argument of this motion to the counsel that formerly when the pod Pe Sim | come ips se county and was wan: e ‘y was discharge: and Unat Court ceased for the time to interfere with the crimlual business Of the county, ‘Tat action Was bascd upon the proverbiat duty of the Oyer and Teruiiner to take the charge of the prisons aud to 80 Conduct 18 business as Lo see that tne prisoners Were properiy disposed of, either py iudictment, (rial or discharge on ball or otherwise, and thus cause, what, by their former ttle, was evidently the duty of the Court, @ general jail delivery ot the pris- Ouers in the prisons at the time of the commence. ment of the Court. Such was the consutution and POWER OF THE OYER AND TERMINEK and generai jail delivery in England, from whence tie organization of this Court was derived, and whenever a Justice of the King’s Bench came into # county to hold an Oyer and Terminer its power Was the same. In 2d flale’s Pleas of the Crown, | page UL4, it is said:—“tne Court of King's Beach 13 | im the aly Where it sits the sovereiga Court of jail delivery and of Oyer and Terminer (9 Coke, 118); and, tnerciore, when the Court of King’s Bench comes tnjo aay County there can be no session of a | commission of jat! delivery or Oyer and ‘Terminer | or peace «uring the term time while tke Court sits, held in and for the county aforesaid, on the first Monday of December, 1871, and assigned the Hon. Vauic! P, lograham, peostding Justice aforesaid, defendant further to ge ne same; oe bays no other order oF a) it ior any Court of Oyer ana Terminer to. Beohela ta and for said county on the Monday of Decemover, 1871, has been duly made; and the said defendant fur- ther says that after the said assignment of the said Hon. Daniel P. Preaaing Jus Uce, and Justice as att , to hold said term the Court of Oyer and Terminer, to wit: on the 13th day of April, 187, the Governor of tne State of New York, by his certificate m writing duly made according to law, and by the sald Gov- ernor filed in the Office of the Secretary of State, did designate the said Justice lass above named from the whole bench of Justices of the said Su- preme Court as presiding Justice, with Albert Cardozo aud George G, Barnard as associate Jus- lices, to compose the Genera! ‘erm of said Court in and for the First Judicial department of the State of New York, and that the suid Justice thereupon assumed the duties and Look upon himself the ser- Vice imposed by the desigaauon aforesaid so made aud thereupon acted, as and still does act as such residing Justice, with Albert Cardozo and George . Barnard as associate Justices, duly and lawiuily appotnted, and designated to com the sald General Term as aforesaid in the said department; and that the sata defenaant further sags that the sald First Judicial departivent consists only ol the Said Kirst Judicial district—to wit, the county of New York: und that tne sald defendant further says tbat the presiding Justice a8 above named is the same Justice who heid the said Court of Oyer and ‘Yermincr, in ani tor said county, £0 appointed to ve held on the first Monday of cember, i871, by which said Court the said alleged Grand Jury were empaneiled and sworn on the day last men- tioned, and suid presiding Justice held the said Court on the day when the instrumens purporting to be #n indietment was fled—to wit, on the 15ta but suspends their session during the term. In 1 county where the Court sits ther is every term a grand inquest, who re | w presenc all watters criminal = arising within tue county, and theu the same Court | pees upon indictments s0 taken” (L. a, DP. ‘he Supreme Court ol this State has an organta- | tauion and possesses a jurisdicuen and power similar Wo and coextensive with the King’s Bench, (Appo va Feople, 91 N. Y. Kep., 645.) tt te'but a coniinuatton of the Court as tt existed prior to tne Revolution, In the first cuustivu- on adopted in 1777 no mention 18 made ot the powers of the Supreme Court, but rovision is made for tie appoitment of the past ten 0” the prisoner’s couusei arrived and shortly were tollowed by District Attorney Garvin, Hardly bad the latter gentieman taken his seat when Sherif? Brennan came io, followed by Edwara S, Stokes, the prisoner, and four Tomp's ofticers charged witt conducting him from his prison cell to the Court, As usuai, he was dressed with scru- Pulous elegance, and assumed his wonted air of im- ‘passable cooiness and unconcern; but 1t did not re Quire the closest observation to notice lurking be- neath that seemingly impassive exterior tuil reaiiza- faon of the seriousness of his posiuoa. Juage Ingraham arrived at eleven o'clock, accom- panied by Chier Justice Mosher, of South Carolina, Who took a seat by his side on the bench. On tak- ing his seat ie at once stated that, since the last ad- journment of tue Court, he had given as extended an examination as he nad been able to the matter of the motion to quash the indictment avainst Ed- ward 8. Stokes, and that his conciusions were ad- werse so the motion, and thai be must iherefore deny it, He added that he had embodted tis views and conciusions in a written opinion, copies of ‘Which the counsel could have. Tne following Is the opinion in rll :— JUDGE INGRATIAM’S OPINION. The counsel jor tie prisoner moves to quash the indictment found against Ue prisoner for uiurder in the first degree apon various gro Vila t— for various regulurities oi the roner, dor irregularities oa tue pari of the Grand Jury, for Bupposedt improper iniueuces acting on ike Grand Sury to procure the mcictmens, tor severai Jegal ob- jections to tne action Me Grand Jury summoned for this Cowl whue the Grand Jury of the Sessio: Was coniiaued by that Court. These various objec: ions J propose to notice particularly in their order, ‘First, as to ine A ED IRREGULARITIES OF THE CORONER in hoidig tac inquest. These are: first, (he intro- | duction of Mr. Fieid as a juror, Whose Lame was not | On the list of those directed ‘by the Coroner to be | summoned; secoud, Lic preparauon of « veraict by them netore the exammatou of tie witnesses was conoluded; third, tne return of tne evidence and verdict 10 the Court now in s mext Court utter te inqnest. y Ol coroners S48 Lo persons Wie, are found dead les ls NOW the subject of statu. Lory provisions. (Second Kevised Statutes, ftth edi Ou, P. 1.086.) Their cuties are declared to be ‘wheucver he slali receive notice that any person fhas been siuin or has suddenly died, or has veen found dead under such circumstances as to require 1s, udge-. ‘The coustitation of 1821 descrives the Court as tle Supreme Court, and direcis that one of the JSusties hall presiae at the Court of Oyer and ‘YVermier aod jail uelivery, This was a continua- tion O1 the Court as it extsied previously from we tume of the Revolution and im tue first constitu. ton, with the addition of Circuit Judges, who should ave all the power of a Judge ol the Supreme Court in holding the Oyer and Terminer. ‘The constitaion of 1526 provides that there should be a Supreme Court, having general jurisdiction in law and equity, and the late amendment thereto to recognize the continuance of the Oyer and ‘Terminer as a part of the Supreme Court, by enacting that a Jusuce of the Supreme Court should preside therein, but with- out any Change in its powers, It must therelore be considered Lat the PRESENT COURT OF OYER AND TERMINER 18 continued, and has always exisied in tus State as an existing Court, held by a Justice of the Su- preme Court, with 8 powers unchanged, It is the Court of highest origiual criminal jurisdiction in the State. It is a Court recognized and providen for in the constituuion. It pussesses ail the powers and authority which that Court hag possessed since the exisience of the State, As such it has the right aud power to have a Grand Jury attendant Ob its sessions, and without such Grand Jury it Would be poweriess lo discharge its duties, The laws provide for the drawing and suumoning of 4 juries lor every session of the Court. being a constitutional Couri it has aright to be continued with the powers and attributes necessary to the proper discharge of ils dutles. The Legislature could not by iegislation deprive the Court of is criminal jurisdiction any more than wt could take fron the ju; wie Court iis legal or equitable juris diction, or from the Court of Appeals its apyel- late jurisdiction over inferior Courts, The qnestion is then presented: what effect had the act | of 1870 allowing two Grand Juries to be m session atthe same time tn the Oyer aad Terminer and tn the Sessions upon the business of the Court? It is urged on behalf of the prisoner that tue act of 1870 is uucoustitutional. If so, then the provision is void and affects neither Court. Whether tt be so or not, ic Could nov atlect the right of the Oyer and Terminer to hold its session aud orgauize the Grand Jury. Lf uncoastitutional, it follows that the law, us It has always heretofore existed, allowed the Grad Jury of the Oyer dna ‘Lerminer to be or- ganized, and required TAL OTHER GRAND JURY to cease during its continuance. It is not necessary, however, to examune the question at this time, It is suiicient om that pout to say that such law in no wise affected the Court of Oyer and Terminer or in- terfered with its proceedings, On tue other hand, If the law be beid to be constiutional—aud for we present purpose I will concede it to be so—it cou- laius NO provisions wmiea In any Way Interfere With the business of the Court. ‘fhe Court always hac the power io have @Grand Jury. Tne pro- Visions of iis section extend to the Sessions the AL anquisilion, to summon a Jury, which jury 1s w inquire bow and tu What man and owhen and where such s ¢ ‘to his th, and wt such SOn Was aud into all the circumstances attending suci death or wounding wad .o make a true inquissliou.”? ‘Tue jury are to act on an inspection of fie body and alter hearing tie testimony, aud in their inquisiuon they ave to fod and certify woo was guilty of ine Domicide and in what manver. There ts very lite differeace vetween this description 0: mis duties In the siaiuies ana the duty as prescribed by the statute | ol 4 Edwaru 1, where 1 cousists 6) firs! luquiring, Where any persun is slain or «ies suddeuiy or in prison, conceruiug the manner o1 ais deat nl af any ve founa guilty of tne homic he is to commit sach person Wo prison for tial. (4 bl. Com, 34 It 13 apparent, trom tnis statement o! (ue Coroner's duty, twat he is not to try the question of guilt or in- | Bocence Ol auy party accused primarily in the course of (he judicial proceedings belore him. Tne primciwwal object of examinauon is to ascertain tr cause and manuer and pisce of the homicide, and if, in the course of Tight to have a Grand Jury to pe empanetied and to meet at tue same time with that of tie Oyer and ‘Ter- miner, but liming we action of the sessions jury Ww business heard before a committing magistrate. The limitation of the business of that Grand Jury shows that the action Of the other was contemptated Om any business that might come beiore nm. If lore a xpression of opintoa upon the other mat- ard to the unconstitationatity of that act, Which bas been so abiy argued hy the learned coun- sel for the prisoner, because tt it is not necessary jor the decision of this motion. Whatever may be the view taken hereafter of that statute, Mt in bowise affects the proceetings of we Grand Jury of the Oyer aud ‘Termioer, and affords no grounis for granting this motion, ‘The yvemaining ground for the motion 1s that the District Attorney would not bave submitted this mouon to a Grand Jury swora belore the comimi sion of the offence, because the prisoner loses hu right to chatieage any member of the Grand Jury if where are obje. tohm. The KA, vol, 3, page 1,016, on ects thai po challenge to a such jnvestigauon the evidence shows any person to be the party who caused the homicide, he ts re- gues © commit such person or issue a warraut hus arrest im the same manner as any magis- | tate wut doin order that he might be tried for | the oflence. ihe Qnuing of (ne Coroner’s jury aces Bot esiaviish the guilt of the accused, nor ts ¥ fended that the investigation beiore the Coron: jury should be made for any such purpose. > merely to ascertain whether the party lapiicases should be cumuitied jor trial, Even the necessiar of suck inquest vy a jury 1s now in a weasare dae Densed with, and the Coroner 18 authorized te aes without such Jury in his discretion Unless required to sumunen 4 jury by other processes. (Act i871, Chap. 426.) 1 think, therelore, that tre proceeds before the Coroner caunot be used In any wag w afect the subsequent proccecings before 2 Gramé Jury, or av aflording Wuy ground for Woica ee ue dictmeat way be quashed. It 18 Bot Mmatersal we ue VALIDITY OF AN LNDICTMEST that there should be a Coroner's inguest belt ta fact such au inquest cannot be held unless tae OweT Of thedeceaseu is found wubiu the county. coroner can only act super visum corporis. Ls maurder sould be commiited in New York amd tbe boay be secretly removed no inquest could ve nerd by the Coroner uuiess tue ody could be brought within his jurisdiction. An mdictment, however, | might be tound, and such indictment would be good Without such Corouer’s inquest. lo the People vs. ly. 4 Parker's Cond. Kep., 514, 523, Bacon, J., says, in speaking of a Coroner's imqnest;—“The object of the proceeding 1s merely pre- Mminary, the main purpose being to certain whether it is provavie that a cri bas been committer i tO procure che and examine the fa circumstan they are ali fresh apd easy of mspecnon, All me ends of ibe inguiry are insured by an inquisivion super visum corports.” Now ip that case it Was veld that even uf the Coroner's inquest terminated in the discharge oi the suspected party proceedings might | be taken beiore a magis*rate lor his arrest aud ex- amination, aud (Me proceediugs before tue Coroner Would loriu vo bar to such an exwuination; but an Original proceeding might be taken wo procure an (ndictinent defore u Grand Jury. In The People vs. Hyies (2 Part Con. Rep., 564), Judge Crole beid that an trreguiarity on the part of te Coroner in retus- img the priscuer an exammation when demanded did not afiect an indictinent found by @ Grand Jury, And deuted a MOUOL to quash an indictment ou toat ‘ound. ‘Tits WotON Is also Made on the allegation jal here Was used UNDUE INFLUENCE BEFORE THE GRAND JURY, that the jury were influenced vy eviuence which had been taken in the case of Mausfeid, and thac Mr. Fullerton, oue of the counsel, bad been a wit ess tu the case of Mansieid. ‘he wiole of these ebarges are based on were inteveace derived trom the tact that the complaint agaiust stokes and Mansfield had been partially examiued before them, and that Mr. Mulicrton had veen exanined as a wit- ness in the case, and also that Morgan, who had been & counsel against the prisoner, aiso ts a wit ness in the conspiracy Case. No other faci is staved In conuection with the indictment for wurier, and the oniy matter relied on ts the belie! of the prisoner that these wilnesses appeared belore the Grand Jury as pretended witnesses to iuuence their ac. present case. Mere velie! of the prisoner es while NO SUFFICIENT REASON 4 a Courtip quasning an indictment. arge is such ag to mupute to # Grand Jury misconcduci in their proceedings It should ve base! on some strouger evidence than mere belief areing frow suspicions of the prisoner. The pre- GUMPpLicn is that these Wituesses were called before the Graud Jury by subpane. The were tact that (wey Were unfriendly to the prisouer is DO warrant for any imputations either sgaiust them or the Graud sury. Jp fact, the papers do not even show that enher of these witnesses were be:ore tne Grand Jury aver tue bomscide occurred. question is us to the effect oj the providiug for two Grand Juries i this county av ihe same time. A & Grand Jury spall jowed except to an individual summoned thereon Ou the growna twat he is tae PIOS€cUtOr UF COMPIALRSD! agamsi the prisoner or & Witness OD the p tee prosecution, and has been subpanae vound In TMoormizances as sock. it is not preiemdea thai any such etection exists. The thirty-jourth — sec- ui owes not intended Gracd Jary Grape Jury raps Sary * providing for summouing a second € 2Senc@ w comumitted after the & Court shail have been Qt be the effect of showing day of January, 1872; all which Was aad 1s to the GREAT DAMAGE, WRONG AND PRBJUDIOE of him, the sutd Edward 5, Stokes, and this be 1s ready to verily; wherefore, because the suid alleged bul of indictuient was not found by any Grand Jury | duly empauetied, sworn and cuarged to inquire for the people oi the tate of New York, and for we vody of the county of New York, tue said deiendanut prays judgment ol the sald alleged indictment, and {iat the same pe quasned, THIRD PLEA. And that the said Edward 8, Stokes for further Plea, by leave of the Court, says, Utat the Lostru- ment purporung to be a bill of indictment was Lot found by any Grand Jury duly empanelied, sworn and cuarged to inquire for tue peuple of tne State ol New York, because he says there Was no Court of Oyer and Terminer duly and tawtally appotuted to be held in and for the city aud county of New York OD the first Monday of December, 1871, other than the Court of Oyer and Lerminer in and for sald city and county which was appointed to be held on the first Monday of December, 1871, by the Justices Ol the Supreme Vourt of the people of the Stave of New York, in and for the First Judicial district (done by the said Justices in and by a certain order, auly made by them tt thas behalf on the 1th day of No- veraber, 1569), which is as 1oliows, thut 13 Lo say:. In Supreme Court, November 18, 1869, pursuant to the ‘twenty-second section of the Coue, the Judges of the First Judicin! district do hereby appoint the Courts of the Su- reme Court and Oyer and Terininer to be held in the chy of lew York tor the sai district, in the year 1571, ua follows, viz. :—Geueral Terma to be held on the rst Mondays of Jan: aary, April, June and Novemper. Special Terms for ¢numerated motions to be held on the first Mondays of February, March, May, Oc- tober and Pecember. Couris of Oyer and Terml- ner lo be held on the first Mondays of February, May, October and December. ‘Two Circuit Courts to be heid on the first Mondays of Febru- ary, March, May, October and December, and one Circuit jor January, April, June and Novem- ber. Special Terms lor motions and Chamber business to ve heid on the first Monday of cach montn of the year, December, Part 1, Circuit Court and Over and Terminer, ingraham. And that the said Hoa. Daniel P, lugrahaa, presiding Justice as aforesaid, wio is by the said order designated and assigned Lo hvid the Oyer and Terminer on the first Monday of December, 187i, Was atterwards—to wit, On the dd day of Apri, i870—duly desiguated by the Governor of the uficate in writing duly died in of the pecretary of State of the New York) as the presiding Justice, togewmer wiih the Hon. Albert Cardozo and George G. Barnard as Associate Justices to compose & Gene. ral ‘term of said Court in and for the tirst Judicial Department of the State, consisting wholly of the First Judicial district, and the said son, Daniel P. Ingraham, Presiding Justice as aforesaid, thereupon Accepted the designation, assigument and appomt- ment, and thereupon served and acied, and ever since served and acted as, and doth yet and now serve and act as, the Presiding Justice of the satd General Term of said Court 1a and for the said judi- cial department and district, and that there was no Grand Jury in any Vourt of pre and ‘Terminer tn being sworn to inuuire, &c., in and for the body of the O.ice State of the said city and county on the 16th day oi January, 1872, other than the so-called Grand Jury wnich presented the instru- ment purporting to be an indictment, ane winch s0-cailed Grind Jury were empaneiled and Sworn by said and betore said Presiding. duscice in- graham on the first Monday uf December, i571, All which was and 13 to the great damage, wropg and prejudice of him, the salc Euward tokes. And this he 1s ready to verity, Wuerefore and because ‘the sald alleged instrument purporting te be a bill of indictment was not tound by any Grana Jury duly empanelled, sworn and charged to inquire for tue people of the State of New York, and for the body of Lue city aud county of New York, the said de- fendant prays judgment of the said instrament pur- portung to be @ bili Of indictment, and that the same may be quashed, and that the suid defendant may be dismissed and discharged thereof, VOURTH PLEA. And the said defendant, for aiurther plea in this benalf, by leave ot the Court, says that tie sald in- sirument, purporting to be a bill of indictinent was not found at any term of the Court of Oyer and Ter. miner, legally organized and iield in and tor the county of New York, because he says that the Court of Oyer and ferminer av which the sald insirument purporting to be a bill of indictment was found was that the said Court was held by the Hoo. Daniel P. Ingraham, Presiding Justice of the Genera: Term of the First Judicial Department, as weil on that day as on (he loth day of January, 1872, when the sald instrument was filed; in that the said Daniel P, Ingrahaw, theretolore, to wit, on the 30th day of Apri, | 1870, was, by the Governor of the State of New York, by @ certificate in writing duiy made in accordance with law, and by tim filed m the oilice of the Secretary of the State of New York, designated by the said Governor frum the whole bench of the Jusices of the said Supreme Court as Presiding Justices of and ther with Albert Ci ozo and George G. Barnard to compose tne General Term of said Court, in and for the First Judicial De- partment, and that the said Presiding Justice tnere- fore became, and was, and ever since has been and noW Is one of the Justices so designated to compose tue said General Tepm and Presiding Justice there- of, and now acts as such; and that on the sald first STOKES’ PLEAS. Dut cpamion beimg delivered, Mr. McKeon, on ve- Raut of Stones, submitted the following pleas, acer wica the Court adjourned till next Monday:— And the sald Edward S. Stokes, in his own proper person. comes into Court here, and having heard (ue Said instrument purporting to be an indictment Tead, says:— FIRST PLEA. That the said Court now bere ought not to take cognizance of the said alleged murder and felony in the said imstrument purporting to be an indictment aoove specited, because, protesting that he 1s not guilty (hercoi, nevertheless the said Edward s. pokes gays that on the 6th day of November, 187! the Court of General Sessions of the Peace, tn and for the city and county of New Yours, duly organ- ized and cominenced @ term of that Court, previ- ously appointed and known as its November term for the gat 1871, and OM that day duly empanelied a Gran t Court according to law, iu and for body of the city and county of New York, which Grand Jury was then and Were duly sworn apd charged with inguiring and directed vy the said Court to inquire nw and of all crimes and misdemeanors committed or triable in the county of New York, in the State of New York; that the sald Court of Gel Sessions has ever since held and now hoids the said Novem- ber term of that Court, the same having been con- unned and extended accoraing to law, aud that the said Grand Jury so empanelied, sworn, charged fnd directed In that Court as aforesaid has, ever since 1 Was sO empanelied, sworn, charged and di- rected, continued bo ve and acted as now, 18 the Grand Jury im and for the body of the city and county ol New ke =. the orders Of that Court, frow tme to ume made, prolonging the existence and conunuiug tie Kessions thereol; that at all Uines irom the ume of the empaneiing of an (as- sumed) Grand Jury by bis Gourt, at the December teri, 1471, down to the discharge thereor by the (assumed) ordered of this Court—to wit, from the — day of December, 1871, to the — day of | January, 1872, and inciudin me ith day of Jauuary, 1872, on which day he said fostroment purporting to be an indictment was bresented to sind fled as such in this Court, the sald Grand Jury SO empaneiied, sworn, charged and directed as aforesaid In and vy the satd Court of General Ses. S108 was the sole and lawtal Grand Jory in and forthe body of we city and county of New York, and the only Grand Jury ip the county of New York Uroughout or during the whole period of is exist. ence to Which the seid alleged murder and felony ia the said inscrarment purporting to be an indictment could be lawfully submitted, or which could prefer | ao ndictment thereon or therefor, or which could inquire into or OF ail or any crimes and misdemean- Ors comuitted or triable in the county of New York, ULGer the Constitution And laws of tile State of New | York; ail Which Was and 18 to the great damave, | wrong and prejudice of him, the said Edward 5, Swkes, ana (his he 18 ready 10 verify, SECOND PLEA. Wheretore, because the said alleged bill of tnatet- ment Was bot found by any Grand Jury duly em jor the op the on of November, 1871, for the November term of that Court. An order of that Court, maJe op ine 29th sovember, 1871, Continued toe session of wat Cour: to December 3871; on that Cay they Were exuded to Decem q Gay \uey were extended to January Wits tue extension of the sessions oj the Cou Graud .ury summoned for that Court was continoed srow time io sessioD vo! the Court of Oyer and Terminer coil meee ce ae iret Monaa: Pe. Decemver. 5 — until next Oyer an a 4 which “fommaners on the first Monday of sin A order of the Court except it for ite continuance. several Glecussed by the counse, selaung at ‘6, 1871, and from | W have been found and presented; because ine said ¢ and 18 stily im session. The reguiar | Jusuce panelled, sworn and charged to juguire for tne people of the state of New York, and. for tue body Of the county of New York, at tne said term of we Court of vyer and Terminer, at which the said iustrument purporting to ve an indictment purports rm of the Court of Oyer and Terminer, at Which the alleged Grand Jury aforesaid were empan- Monday of December, 1871, me sala Court of Uyer and Terminer so organized convened at the new Court House, in the city and county of New York, aud the said Grand Jury, by which the said instrament purporting to be formed, was then and there em- anelied aud sworn by the said Presiaing Justice for the first time ator during the said term of said Court. All of which was and ts to the great dam- age, wrong and prejudice of him, the sald Eaward 5. Stokes, And this he ts ready 10 veriy. Where. fore, because the said alleged bill of indictment ‘Was not found at any Court of Oyer and Terminer, legally held, organized or constituted, or by any Grand Jury duly empanetied and sworn to tquire for the people of the Stave of New York, and for the body of the county of New York, the said defendant prays judgment of the said instrument Latte d to be a bill of Indictment, that the same be quashed, and that the deiendant be dismissed and discharged therefrom, FIFTH PLEA, And the defendant, Edward 8. Stokes, for a fur- ther plea in this behalf, by leave of the Court, | says:—That the said instrament, purporting to ve | an indictment, was not found at any term of the | Court of Oyer and Terminer legally organized and authorized to inquire for the people of the State of New York for the body of the county of New York, because he says that on the 6th day of January, 1872, and for several years previous thereto, the defend- Ant was and had been a citizen of the State of New York and a resident of the county of New York, and had so continued until the present time; that on the said 6th day of January, 1572, this defendant was arrested on a criminal charge of Killing one James Fisk, the younger: that a jury Was summoned by Nelson’ W. Young, a Coroner of sald county, to inguire into e cause of the death of said James Fisk, the younger; that the said jury of | mquisition was held in said city on the sth and 9th days of January, 1572, and satd jury, on inspection of the body of said James kK, the younger, and, after hearing testimony, dia deliver in writing | their inquisition, signed by satd jurors, and in | which they certified tuat the said James Fisk, the ounger, came 10 his death by a pistol ball, fired From @ pistol discharged wy this defendant, in a deliberate manner, and that thereupon the defend. ant was informed vy sai Coroner that he was at liberty to answer any questions put to him, apd said defendant was examiued by said Coroner, and the answers of said deiendant were reduced to writing and were read to this de- fendapt apd were signed by him, and thereupon this defendant was committed to the City Prison of the county of New York by said voroner, anu de- fendant further mare at OD the th day of Novem- ber, 1971, a Grand Jury o1 the county of New York Was empanelied and sworn before Gunning Ss Bedsord, City Judge, in the Court of General Ses- sions of the Peace Jor tne said county; that no other Grand Jury has been empanelied and sworn in sait Court of General Sessions of the Peace for the county of New York ihan tne Grand Jury empanelied and SWorh as above slated; that on ile zotn of Novera- ver, 1871, an order was entered by sail Court of Heral Sessions of the Peace of said county, in the imimutes of said court, extending the term of sax) Court Uli the isth day of December, 1871, and anorder July entered in the minutes of said Court extenued until the 28th day of December, 1671, aa Ou the said jast mentioned day was again exXtenued uptil the 27th day of January, 1472, by an order duiy entered in the minutes of said Court of General Sessions of the Peace; that on we 12th Of January, 1572, tue complaint against this defendant for (he Killing Ol said James Fisk, the younger, and the witnesses in relation thereto, were examined betore the Grand Jury of the Court of Oyer elled and sworn, Was appointed to be held by the of the Supreme Oourt of the State of New York in amd Vy soe iaenacs sees eit ar a certain order by said Just uly made acco: to jaw. on the 1éin day Of November, 1589, which amo! er a ents Of courts to feed 1 asa Miscayot for years 1870 and 71, and Justices to hold the same) ap- pointed @ Court of Over sad Terminer, ta and Termumer of the county of vork, which was begun on te first Monday of December, 1872 and neia vy the hon. Daniel P. Ingrabam, Presiding Justice of ine General Term of the First Judicial department, and that an alleged bill of indictment waa found against this defendant for the said ae aia James Fis! the younger, and presented by said Grand Jury tt te Vourt of Over and Terminer va tue ion of Jannary, 1872, and that on the said 12th of January the said 15th January, 1872, the Grand Jury of the Court of General Sessions of the Peace did meet making inquiry as to 168, misdemeanors committed within the cone, ol New York, a ween oe ane mee A great damage, wroug and p1 ce said Edward o Stokes, and whls he ready to verify. Whereiore, because the said alleged bill of indictment was not found at Court of Oyer and ‘Terminer legally , Organized and constituted, or by any Grand Jury iegally empanetied and sworn to inquire for the people of the state ot New York and tor the body of the county of New York, the said defend- ant fay ag Judgment of the said instrument purport ing to be an indictment, that the same be quashed and this defendant be cusmissed ana discharged therefrom, THE SIXTH PLEA relates to the manner in which the inquest was held and the verdict of the jury. stokes maintains that the Coroner did not return the said inquisition of said jury on the examination of said defendant, by but that the same was re- of the Court of General Sessions of the Peace, for the county of New York, on or be- fore the said izth of January, 1872, and was pre- sented to said Grand Jury of the Court of Oyer and Terminer the said 12tn of January, 1372. THE SEVENTH PLEA is that the bill of indictment was uot legally found, because the Crypts oro been illegaily const- tuted, and the list furnisned by the Commissioner of Jurors was legally prepared. ‘The plea conciudes as follows:—Wherefore, because the said alleged Dill of indictment was not found at any Court of Oyer and Terminer legaliy constituted and appointed or by Graud Jurors selected, drawn, ceri sum- moned and empanelied according to law, to inquire for the people of the State of New York aud for the body of the county of New York, the said defendant rays judgment of said indictment, that the same quashed, and that tnis defendant be dismissed and disc! ed thereirom. Signed and sworn to by #, 8. STOKES. THE LATE JAMES FISK. His Will Admitted to Probate. ‘The will of the late James Fisk, Jr., was admitted to probate yesterday by Surrogate Hutchings, It was presented on the previous day, and was accom- Panied with the depositions of the subscribing wit- nesses, Mrs. Fisk, who has been constituted sole executrix of the will, by reason of the coexecutor, Mr. Jordan, having retired, took the usual oath. Mr. Fisk, father of the decedent, principal legatee with the widow, joined with Mrs. Fisk in the petition for the admission of the will to probate, thereby waiving all otjection to the instrument. All the necessary conditions ana preliminaries being compiien with, the Surrogate felt justified in grant- ing letters testameatary to Mrs. Fisk. The estate 1s valued at $1,000,000. Annexed 1s a copy of THE, W1T. I, James Fisk, Jr., of the city of New York, being of sound mind and memory, do make, publish and declare this my last will and testament, hereby revoking all tormer wills by me made : e:— Firot—1 give, devise and bequeath all my estate and prop- erty, real and personal, except the special legacy hereinafter mentioned, to my beloved wité, Lucy D. Fisk, subject, how- ever, to a trust to pay to my dear father and mother jointly, orto the survivor of them, $3,0U0 a year tor their apport during the life of them or either of them, and further o pay to Minnie F, Morse and Rosie C. Morse, each 2 000 a yeur, during their lives, reepectively, until marriace, when the ant nuity of the one marrying shall cease. ‘The property and estate aforesaid to vest “absolutely in the sald Lucy wid her hetra, forever, subject only as aforesaid, and the said trust shall hot affect her right freely to dispose ot wad transfer any such property. Snnd—I give and bequeath to my sister, Mrs, Mary G. Hooker, stocs in the Narragansett Steamship Company, of the par'value of $10U,0N, for Lar sole and separate use ‘ore er ‘j T appoint my said wife and my friend, Eben D. Jordan, of Boston, executors of tuis my last will ‘and testa- ment. In witness whereof [hereanto set my hand and seal this 6th day of January, 1572, JAMES FISK, JR, State of New York (by cer. | | Incessaut forces and what Impulsive Jorcesy Of (he said iast mentioned day of tne sald term was | Kurnet, Signed, sealed, published and declared by the testator to be his fast will and teaiament, in the preseuce ot ua, who have hereto suoseribed our names as wituesses, at'his request, and in his preseoce, and in tue preseace o1 each other. VHOMAS G, SUFAUMAN, 316 West Twenty-second siveet. Jax Gow 8 Firth avenue, New York. F. WiLias Fisaxr, M. D., Grand Central Hotel, MORE WYsTURY. Another Man Found with a Fractured Skull Probably an Accidental Fall. Coroner Young yesterday took some testimony in the case of Pairick Mahon, a laborer, forty-two years of age, who, about three o’ciock last Sunday morning, was found lying insensibie at the botiom of a flight of stairs in the premises 515 East Four- teenth street, The night previous Mahon had been out with Felix Keegan, living at 208 avenue C, ana drank @ quart Of ale, and before separating, near midnight, the two eaterea a liquor store m Kast Fourteenta stree aud had a glass of hot Lum each. Maton had been in the habit of drinking to excess at intervals, James Dolan, of 515 East Fourteenth street, with Whom Manon voarded, says he (Mabon) left the house at eight o'clock On Saturuay evening, and he saw nothing more of him uutth three o’cloc. ue joliowing mormtug, when he was alarmed by @ policeman and told that aman was lying in che hailway on tue first floor; Dolan, on going aown, recognized tae man as Mahon, whom the officer found with lis feet upon the first stair and his head on the floor below; there was a pool of blood under his head, and he was biceding from the nose; Ma hon had been in the Nabil o1 drinking, and fre- quently returned home intoxicated; the vody was taken Lo tie Eighteenth precinct station Nouse, and irom there to feilevue Hospital, where he never rallied, and died on Wednesday. Ollicer O'Leary, of the kiguteenth precinct, testi- fled to finding the body, and he suosequently learaed that some of the parties living on the sec- begun on the first Monday of December, 1871, and | Ond floor had beard @ heavy Jail in the might. Dr. Cushing, House Surgeon of Bellevue iospital, Made @ post-mortem examination on the body, and found an extensive depressed tracvure of the right temporal and parietal voues. Death, in the Doctor's opinion, “resulted from compression of the brain and pueumontia, the result of mjuries to the head, apparently inflicted by a heavy biow, rather than @ all, aitnough, of course, 1 canaot express any certainty as to the cause.” Deceased “had no angry words wiih any of the Witnesses, 18 DOL KnowD to nave quarrelled wiih any one, and as being a man of intemperate habits. ‘There remains scarcely a douvt that in tis efforts to go up stairs, while grossly intoxicated, he tel! back- wards and received tae injuries, from the effects of which he died. Coroner Young, however, left the case open for the introduction of further testimony should any be forthcoming. COLLEGE OF THE CITY OF NEW YORK. inuation of the Examination=The Min- takes in the Auolysis at Mrs, Wharton’s Trial. The semi-annual examination in progress at the New York College was continued yesterday, and comprised an examination of all the classes, Pro- fessor Doremus examined the Senior Class in Chem- istry, and it Was nouceavle that all, or nearly all, of his questions were of a practical nature—such as, «What is the natural nistory of calcium, and what are its salts—to what purpose are they employed in mortars, cements, &c.?!’ Another question, and showing their practical character, was, ‘‘What mis- takes were made in the analyses at the late Wharton tel?’ These scudents studied chemistry a year 1n the Introductory Class, umd then “suspended operau ons: until the second term = of we junor year. The metnod of eget | this subject here ia to furnish each student wit pencis and paper to take notes on, and vooks in ‘which to write oul the the lectures full lengua, To juage of each student’s application the books are thoroughly examined at the end of each tera, ‘they are also questioned oraily in the digner classes, Tne Jantor Class was examined In analytical me- chanics by Professor Compton, Three papers tell to their lot, cach paper contaiuing five questions, of which the following is @ jai Rise tbrecar how iow fof are they both devermmed 1” Paragraphs in Laun, Greek, French, German and Spanish, vo transiate into Eagush, and Engiish into there languages, occupied the atteniion of Sophomore Class. ‘rhe students were also required 10 expiain pecutiar forms of construction, as well aso give some of the ruies of grammar that ap- phed, Projessurs Herverman, Speucer, Koemer, Werner and Morales conducted Lue examination in these studies, Descriptive geometry, a branch in which thus in- stitution takes particuar prive, as 1 is the ouly college that teaches it, was what the Freshman lass were examined in, This s.ady, from its great importance, they have placed pext to pare mathe emalics, apd Without sne latter 1 18 almost a hope- Jess cage lo undertake tie former, One of the ques tions in this subject Was, “Find the vertical, horizontal aod supplementary projecuons of an oblique cone?’ This Is the Very proviem used in Machinery, substituting, Of course, for the object here the machine which it 1s desired to draw. | The examiners were Protessor Koerner, Tutors Wooit and Knox. ‘The introductory department were examined in English, in faine syntax, parsing, repeating poetry they bad learned by beart, rhetorical figures and punctuation, Besides nese toey Were required to write a description of a summer sunset, Of at least one hundred words, in four seutences—i wo simpie, ope compound apd one complex. Tutors Fisner, hove and Dougnerty examined them. ROBBERY ON THE RAIL. Henry Pitcher, a drummer for a Paterson (N. J.) house, isin the habit of voarding the Erie trains between his Paterson domicile and Middietown, and when returning home in the middie of the week 1s usually very anxious to join the little Pitchers. So it was on Wednesday Bight, when avempiing to amp trom the train at the Broadway crossivg in Paterson, he alleges he was attackel by a@ ruitlan, who tried to steal a cigar box containing $10 in ennies, He reached home with some visivie in- juries, and the pennies were yesterday found scat- tered upon the track. The victim will recover and Jersey justice awaits tue estapisnment of ihe identity of the supposed STATEMENT FROM THE TAX COMMISSIONERS, To THs EpIvoR OP THE HERALD:— The New York Times of this morning contains two elaborate articles imputing to tne Tax Com- missioners “fraud, jobbery and corruption’ in gen- eral, and specilying in detail instances of favoritism towards certain railroad companies named. These statements are so circumstautial—claiming to be de- rjved from oficial sources—that they are admirably calcuiated to mislead the public, especially at tis juncture, when the public mind is prepared to credit any imputation, however unjust, which may be cast upon an ofictal. ‘The first statement in the Zrmes is that the books of the Tax Department were closed against public scrutiny. ‘This statement is untrue in the sense tn which it is made, The usage of the Department in this respect 1s substantially the same as tt formerly ‘was, greater care, however, being exercised to pro- vent fraudulent aiterations by outside agents. The hext statement, that in October, 1471, when Mr Green was appointed Deputy Comptroller, the prac- uce of the Department in this respect was mate- rially changed, 1s also untrue, ‘The figures published in tue Zimes purport to give the assessments for real and personal property upon the various city railroad companies; and deducting these sums from the market value of the stocks of said companies, the conclusion is arrived at that the assessinents are far too low and grossivy un- equal, ranging from etght and a quarter to forty- soven per cent of the real vaiuation, Of the pecond Avenue Raliroad Company the Times makes the following statement:— Amount of capital stock (quoted price 4534) 800,000 ‘Toral of capital stock, showing real valuation 788,000 Real estate taxed, being on! Pi ‘per ‘cent of real valu- y ‘ation (no persgnal pro; seseseree 65,175, Now let this be compared with the foliowing sworn statement made by the Second Avenue Raii- road Company on file in the ‘lax Department:— Statement made and delivered to the Commissioners of Taxes and Assessments of the city aud county of New York for and in bebalf of the Second Avenue Railroad Compans, in the city of New York, showing its condition for the pur: pose of assessment on the Ist of January, 1871, in pursuance Of the provisions of Title 1V., chapter XILL, part I, of the Revised Stututes of the State’ of New York, ana of the acis hereof, or in addition thereto, chapter 65, chapters 456 aud 538, laws of 1897, and Aimount of surplus earnings The prinotpal oflce or the place of transacting the Snancial business of the said corporation te situated in the Nineteenth ward of the city of New York, at Sixty-third street and Sec- ond avenue, City) New York, x%—T, Harvey H. Woods, the Secretary of a°{d corporation, being duly sworn, do hereby certiiy and declare that the foregoing: statement is in all respects just and true. BARVEY H. WOOD, Sworn to before me, this 14th day of March, 1871—Groror H, ANDREWS, Com, 1. and A. On this company it will be seen that the debts ana real estate, aluounting to $1,175,755, deducted from the Capital, $58,100, leave nothing to be assessed as the personal estate of the company. This seems to dispose completely of the grave charge that througn corrupt favoritism the Second Avenue Company Was assessed only eight anda quarter ver cent of its real valuation, Tne most important of our city railroad companies ig the Thira Aveuue road, Concerning this the Times says:— Amount of capital stock (quoted price 195)., ‘Toval of capital stock, showing real valuation. Real esulie taxed, being only twenty-two per cent of real vatuation ‘no personal property being tMKOd)eresee a +. 506,100 ‘The following is a copy of the sworn statement of the Third Avenue Kai.road Gompany on dle ia the Tax Department:— owing its condition for the purp st day of January. isl, in pursuance of the provisio title 4, chapter 13, yeah of the Revised Statutes of the State ot New York, and 6. thé avis amendatory thereof or in addi- tion thereto, chapter (54, Laws of 1863, and chapters 456 and 336, Laws of 1857, aud chapter 240, Laws of 1363:— ital stock actiatly paid in or'secured to be paid MASsso98-> i saeee ee f$1,179,000 Lees the value of the following real estate, situated in Twelith ward, New York city, 129th and 130th streets, and on ihird avenue, corner 120th street, assessed 1871... 8 «» 107,800 Nineteenth ward, between Sixty-fifth and Sixty-sixth streets, Secoud and Third avenues... asses 375,000 Nineteeath ward, between Sixty-sxth wna’ Sixty- severth stresis, ++ 65,800 Total... Less debts Amount invested in United States Amount of surplus earnings . ‘The princiyal olllce or the place of transi business of the said corporation is situated in the Nineteenth ward of the clty uf New York, at Third avenue, corner Sixty- fifth street. Cuty of New York, o#.;--1, Robert Squires, the President of the said corporation, being duly sworn, do hereby certify and declare that the foregoing statement is fn all respects just and true. ROBEKS SQUIRES. Sworn w before me this 934 day of February, 1871— CHARLES 8. ARTHUR, Notary Public, New York cfty. It will be seen that the real estate and debts amount to $2,323,100, which, deducted trom the capital ($1,170,00u), leaves nothing to. be assessed on the company for personal property: or, if it 1s attempted to deduct the $2,323,109 Irom the alleged “real- valuation,” a8 stated by the Times, of $2,281,600, the result whl prove equally barren in the matter of assessmeat for personal property. The Avenue U iailroad Company, by @ sworn staiement of its then Presiavent, Jona A. Kennedy, made on April 2%, 1871, proved that its indebied- ness exceeds the value Oi all its property, real and personal. ‘rhese are tar specimens of the foundations upon which the Times has reared 1ts superstructure and upon which it rests 1s grave Ccuarges beiore re- ferred to. To apply the same rule by which it Judges others to the Tims that journal would stand sacs before the public, according to its railroad for- mula:— Amount ot capital stock (quoted price 1,100), ‘Total of capital stock (showing reai valuation), M third per cent of Feul valuation (ao personal j ‘tire cen’ al Valuation (no personal prop- erty being taxed)icrs.s- - 345,000 The “real valuation” here quoted 1s derived from the statements published in the 7imes itself, The Commissioners of Taxes bave thus briefly and frankly met the serious allegations against them in sufficient detail to carry conviction to any mind in which candor finds a place that they have been un- justly aspersed Bunt what then? Circumstantial retutations of specific charges by the same journal nave heretofore been made. In some instances tle publication was refased and in others conceded, but 80 long deterrefi as to lose all force and value. Yet, again and again, the Times renews its charges, knowing the power of constant iteration, By order of the Board, E. F, BABCUCK, Secreiary, New Yor, Feb. 1, 1872, RAISING OF AN ALTAR. {$100,000 1,100,000 The Ritunlistic Church of St. Mary the Virgin—Description of the Altai The marriage of two patrons of the church was yesterday made the occasion of inrposing religious and social ceremonies at the Protestant Episcopal Kitualistic Church of St. Mary the Virgin, located in West Forty-fifth street, in which Rev. T. McKee Brown, rector; Rev. rather Noyes, late of st. Albans, and assistant rector, and Rev. Father Uimstead, as- sistant minister of Trinity Chapel, participated. ‘The occasion combined also the 1uauguration (by the administration to the wedded couple of the blessed sacrament) of the memorial high altar which has been in the course of construction there for several months past. It will be recollected that the Church of St. Mary the Virgin 1s buils upon Jand donated to tae trastees by Jona Jacob Astor, up on the sole condition that it shall be forever of the Procestant Episcopal faith and usage, and so it is. ‘The altar ts of white Italfan marble, built m the French Gothic style of the eleventa century, and waserected by a iaember of the parisa, 1a memorial of his deceased wife, It 18 approached from we pody of the churcu by Mine steps (upon whicn are engraved the beautiful words or the *Alagnifical”), the highest of waich steps, heariy six feet from the floor of the nave, forms ine platiorm or foot pac whence tne main structure rises. | ‘ihe attar is seve teen feet in length, imciuding the wings, and its height to the top of the cenue spire or tbernaci nearly thirty feet. A maroie revedos, or super- alta extends the whole length of the communion tavle, rising to whe height of twenty-one ieet above It, ‘with canopied niches at eacti end jor statuary, sup. orted by siender columus with riculy carved capa, Prom the centre of this saper-altar projeccs the tavel nacle, au exquisite piece Of soupLure, Over Wile: within au elaborate canopy, stands @ cross of olac marble, with crimson tints, Dearly five feetin heigut, surmounted by a delicately carved dove, 1a purest marbie, descending with extended wings, the syn bol of the Hoy Spirty The rool 18 vf tesse marbie Slate, supporting six golden candiestt while upon the super-attar are many others, appro- priate im number and design to tae usages of ‘he Augio-Cathouc ritual. At the base of the three altar steps and upon the carpeted piatiorin stand the Sanctus Lights, of superb design and Workmansinp, each fifteen feet in height trom the fivot. These are used only when the ‘sanctus’ issung. The eiaborate and beautifal carvings on the altar are Cl ornamented at intervals ‘with goid and crimson in tasteful reilef. ‘The door of the Tavernacie, Wituin which are deposited ine sacred eiements, 13 formed of a very elaborate plece of missal painting in gold and colors. The erecuon ot this superd altar is destined to have an lofuence upon the Church at large by call- ing aticntion to the necessity of sermons to the eye as well as to Lae ear, and exciting more devoulonal feeling scone the Poway (Fh ie feast of the purification of tne Bi {ised Vira ry, the pe Saint of this little church, liga mass will be sung there at eleven o'clock, as weil as on every Sunday moral at Dali-past en. The seats are itee, and tne onured, ' Wauaily crow The Steamship City of Halifax Locked — in Seventy Miles of Ice. Down the Side and Out Seal Hunting—sighting the Game—“Lots” for the First Shot—Cale donian Caution and Success—Two Seals Tumbled—Lady Hunters Out from Land and an Agreeable Surprise—Happy Return and Pleasing Hope. On BOARD THE City oF Hatrrax, Jan, 28, 1572, All our passengers were aroused at an early hour this morning by the repeated cries of “ice of the starboard bow !”” “Ice off the port bow !” and “Ice dead ahead!’ In a dense fog off the coast of New- foundland these announcements are @ far greater cause for fear than the raging of the hifrricane which threatens to tear asunder the huil and spare that are battling against it. AN OCEAN SCENE IN THE MORNING. About break/ast time this morning the tog begam toclear om, and at nine A..M. a sublime but me- notonous scene occupied ali the visible space around us, from the snip to the horizon, in every direction. Nothing save a little lake of open water about the ship’s length ahead separated us from am ocean of ice. Boulders, nilicocks and plains of heavy fleld ice, with an occasional bergk towering above the hugh execrescences of the frozen sea, blockaded us on all sides DOWN THE SIDE AND HUNTING IN THE 108, We remained thus hemmed in for ten hours, during which several of the passengers ventured out on the ice as a desiravie relief from the ennui of shipboard, An additional inducement to disembark arose from the report that seals had been seen by the “lookout” at the mast head. Armed with revolvers and a double barrel rifle a party composed of four gentlemen left the ship. Fearing to lose sight of the ship we took a direo ton in which the ice Was not obstructed by berghs and boulders, We had travelled about a quarter of a mile througa the rough field ice when the surface be- came ominously soft and slushy, It was therefore Proposed by the chief oMicer, who was one of our party, that we would return to the ship, but in a different direcuon. SIGHTING GAME AND TUMBLING IT. Returning, we had not advanced more than a hum dred feet when [ saw two dark moving objects on @ boulder about the same distance ahead of us, Om examining them with my field giass Tat once pro- nounced them to be old seals. Our rifles and re- volvers having been tested we moved on toward tae cae as quickly agit is possible to move througa broken clumpers and over hillocks aud boulders OF fleid ice. Being within gunshot o: the two unforta- nates we stood and cast lois for the lirst shot of the rifle, the winnef to bear the expease or wining tue party. An elderly Scotch gentieman, whose fame a3 am expert sportsman ts Of no mean degree, drew the longest lot and then drew tie drst trigger. A splen- did oid harp seal, oly and plump, tumbied over the boulder to the levei ice, ‘the other barret being discharged, the comrade of the fallen phoca fell dead peside {fs mate, and Lica we all rushed te witness the spoils of our romautic tournament on thé surface of the North Auantic, 400 hundred mules from sight of land. One of the victims lay quite dead, its filppers calmly folded on its breast and Its head hanging over alump ol ice. The ower was dying slowly from a buliet wound in the neck, but tie onief officer uespatched the suffering animal oy @ suot rom his revolver. ‘Tue skin of those animals was of the most deli- cate texture and tueir lorms Were iarge and beauu- tully symmetrical, AS none of the party would undertake to procure the valuable skins we proposed to hire the serviees of one of the seamen or the butcher for that pure pose. A WONDERFUL AND AGRYEAGLE SURPRISE. Having reached a spot witiia rifle range of our steamer We discovered Liat vere were otver hunters on tne ice besides ourselves, for we heard two shots fired in rapid succession’ about. tweny yards on our right. Placing a red ‘necktie on & boulder of ice near v¥ as a guide Lo the spol waere the dead seals lay, we started in What we judged to be the direction in which the shots were tired. We had not aavenced many pi when we were ex- tremely astonished iy the apparition of two ladies, wno were udmiring the form oi adying seal. One of tiese ladies, @ well known Newfound- lander, Mrs, Warringwun, is an excellent shor and aS #& lady sport 18 geucraiy pro- ficient Jv was Mrs. Warrington who shot the seal, and sie msisted upon having its skin by assuring us that the mode of removing 1, a8 practised by her countrymen, was very suin- pie and in no way repulsive to the most delicate navure, In oursbsence Mrs. Warriaugton had seen this seal from the deck of the steamer, and tustiact- ively she procured @ six-shooter aud a sheathing knile, with the one to kill her game and with the otner to secure Lis 8k.n, A PROFITABLE OPERATION AND WELL PERFORMED. The latter vperation was performed with a skull that any young surgeon might envy. Aaroitly seta- ing the sneatiing kniie Mrs. Warrington made a rapid and deep incision from the top of {he head to the hinder flipper of the seat. She then put on @ Pau Of coarse gloves, and neatiy removed tue rick garment of the seal. ‘Now,’ said airs, Warring- von, looking trinmphantly at us, “f shall get the wutcher to take away that fai, and then, when [ get to Cunada, I shail have my beautiful sealskia cape, Worth forty guineas.’? “ALL ON BOARD.” ‘The soft and siushy ice to which I referred was the fitat mdication of the soft, but squally weather Which soon followed our seal hunt. Hardly had Mi ton’s seaiskin been taken on board vy wie obliging butcher when a goodly space of water separared <ne City of Haltiax {rom the jbody of the ice, Towara a quarter past seven o'clock, When the cabin bell rahg for tea, the immense body of ice was, hardly visible in our lee, it was the captain’s opinion that we couid not have passed much less than seventy mies of field ice. Next morning (29th) at breakiasi the chief topic concerned our Pleasant seal hunt, and several of the ladies, regret. lung that they had no participated tn it, expressed themselves ambitious of meeiing With more ice bé- lore we reached Halifax AFTER A STORM. At noon to-day we spoke tno brig Brentano, bound irom Halifax to St. vonn’s, She had lost aer upper topmast in a gale on «he previous evening, and a large quantity of her canvass had been car- riedaway. =. HAPPY HOPE. In conclusion I may reier to the fact that the “ppearauce of ice and seais 80 near the Newiound- land coast at tunis early portion oO: the season is suggestive of another abundant harvest ot oil for the fishermen of that isiaud. POLITICAL MOVEMENTS AND ViLWs. Sharp on the Philosopher. ‘The refusal of Mr. Greeley to sign his name to the call for the Republican National Convention, he veing & member of the Republican National Execue uve Committee, is severely commented upon by many Of the principal republican papers through. outthe country. The Boston Jownat ts especially severe, It says:— * Mr. Greeley, as a member of the Republican National Committee, was not acting in his indivie dual capacity, as if the question related to calling @ mass mecung. Ie was holding tne responsible , trust of a representative of une republicans of the ‘at State of Sew York, and he was bound to ex- press their voice and do their wil so far as his place allowed. Now, tue call of the Couvention was an act of such ordimary party character—baving no ulscoverabie bearing apou the sciection of this or tuat candidate—that no commitieeman could refuse to allx ius signature, unless he wanted to give no- tice that he would not be vound by the decision of the Convention. That, We take it, uw the meaning of Mr, Greeley’s course. AS a man he has @ ful right to take It; but we do not see what right he has to stifle the voice of republican New York, and to hold on to a place tor which he is already prociatme ing nis undtness, ROW IN AN OYSTER SALOON, One Man Stabbed and Another’s He Open With a Bottle. Frederick Goldeu and three others went into the oyster saloon at iJ0 First avenue yesterday morn Ing, about nal!-past eleven, sat down at one of the tables and catled for oyster stews. Golden, it is alleged, Was pretty drunk at the time and made @ great deal Oi botse at the table, When he stoud ap to go out he deliberately touk down a coat that was hanging up, and which belonged to the prow prictor, Mr. Ricnard Silvie. Another of the party Uren took auother coat beiouging to Gelsiom Sweezey, one of we emyloyes. ‘Lhe four tellows started out of ie saloon With Lae Couts Under tient arms aud without paying for thew oysters Mr. sible and Ris three young Menu then atlempred to Laié Intercept them at the door, when Frederick Guiden, the heaviest man tn the party, took up @ bottle trom Tae counter, and siasied right aud jeit among we Buicon men, \ Wiliam sweezey a iearal blow on the back part of (he head with the hottie, and stabbed Philander Weeks, another employe, im the ands and vody with an oyster Kmile. The saloon by this lime Was in & compleve uproar, and aiter most Of the damage was done the police came in, Golden Was arresied aud brought beiore Judge Scott at Essex Marke(. He was eld to answer om tires separate charges of assault and battery. Wiliam Sweezey, the man Who was struck on the head With the boitle. was unable to avoeare = ot