The New York Herald Newspaper, February 14, 1872, Page 8

8 STOKES. Another Day of Quibbles, Objec- tions and Challenges, THE JURY COMPLETE. The Grand Jury That Indicted Stokes Themselves Put on Trial. Tt was very evident yesterday morning in tho | great decrease of the rush of peopie to secure an eutrance into the court rcom of the Oyer and Terminer that the HERALD reports of the previous @ay’s proceedings and the explanation conveyed | therein had been read and understood, that the prisoner im the question at issue was not upon actual trial for the crime for which he stands in- d@icted—the murder of James Fisk, Jr., of Erie fame, but that, in iact, the grand inquest, which had Sound that indictment, were themselves on trial, on avery different issue, involving the question of fact, to be submitted through testimony to-day whether or net there was a legal defect in their acting as such grand inquest, and whether or not Stokes was legally indicted, The skirmishing of counsel upon the point had clearly no interest for the thousands who huve hitherto crowded the court buildings and ot a mlimnce of St | ae pulley 9 ibe i Sa cones as he i Paosva, a8 Was subposed, LO trial, and Which Tiust, according to their reasoning and deductions, end in bis conviction and sentence. The usual police precautions were, however, enforced, and asine of police promibited all approach tothe private en- trance through the Clerk's office to the court room, and also to the public door leading direct thereto, Only une privileged few were passed by the police, and sometimes the dilatory and anxious reporter of the press was compelled to make a flank movement through the Supreme Court Chambers to get to his reserved seat in the great arena. A little before hall-past ten STOKES WAS GUARDED IN and shown to nis seat. He looked arouna the room and seemed somewhat relieved by the fact that he had not, as in the first Instance, had to pass through | ‘the threatening crowds of the previous days, and that the court room did not present the sea of faces staring ominously at him that had evidently cowed him heretofore, Take his demeanor and appear- ‘ance all in all and they are that of a man depressed ‘With the consciousness of being charged with the commission 01 a feariul crime, for which public sen- tment will demand a full and co.:plete atonement sponie @ jury 01 bis peers bring in a verdict against THE court was formally opened precisely at half-past ten, ® moment aiter Judge Cardozo had taxeu his seat, District Atvorney Garvin, counsel ior the people, nd numerous counsel of the accused being ail present. THE FIRST SWORN JURORS. Quite seat the two first jurors and the triers, Mexsrs. Wiliam b. Ogden and George U. Huntingdon, Were in tuetr seats, una George W. Nicholson, Peter Kemp, John flenry Walker ang Simon Michacis—the fourth, fifth, sixth aud seventh jurors—were also early in their places. The third juror, Mr. Chanuier Robbins, came in a little benind time. THE CALLING AND EXAMINATION OF JURORS RE- SUMED. At aquarter to eleven o’clock the proceedings commenced by the cailing of Morris Osterwels. Counsel for prisoner examined tim as to is Po~ sition on the principal clailenge. Tue main ques- tion on the principal cuullenge 18 in substauce as follows:— A statute of this State prescribes the formalities under which the list of the Graud Jurors and the Grand Jury itself shall be selected. Lave you formed any opinion as to the legality or illegality With which tis Grand Jury was coustituted? Mr. Osterweis was the second juror who had formed such an opinion, and Was disuilssed on the principal chalienge. Mr. Samuel E. Goodwin got through the principal challenge, having no opinion onarather aiMcutt question of law, Dut on the challenge to the favor, while he demed any bias for or agaist the prisoner, admitied that he had done business tor Colouel Fisk and had au impression as to tue nomieide, Prisouer’s counsel presented a new set of requests to charge, being im substance that if any juror showed bimself to have such 9n impression as to the main® question a8 would make him chink the present plea a mere techuicality, or interposed ior delay, he was not 1ndifierent. Judge Cardozo renewea nis charge that the Juror must be thoroughly and entirely impartial between the prisoner and the people, and not merely matt- ferent on this issue. He declined to charge four of counsel’s requests, but charged (he Oith, which was to the effect that the question for the triers Was not what the proposed juror thought he could do to clear his mind of any prejudice, but what the triers thought with their knowlege of haman aature on the question of his indiferency. The triers rejected him. MR. JOHN C. HUSER, EIGHTH JUROR, SWORN. John ©, Huser was ciear of opinion on the princi. pal challenge. On the challenge to the favor he staied that he had had an impression on reading ie papers as to tue matter, but someting had Since occurred to ease it off. CouNsEL— Yes, and belore we get through the im- pression of others will be eased of cousideraoly. The cuatienge was withdrawn, and Mr. John 0. Huser sworn in ag the eightb juror at five minutes bas: eleven, William Bush Terwilliger had no opinion on the Principal challenge; he had an impression on his mind as to tne homicide, which woulu require some evidence to remove. The triers rejected him. ‘This exhausted the regular panel Mr. MCKEON sald they had thought of challengin; to the array the extra panel oi 600, They woul be governed In that, somewhat, by the Coustruction placed by His Lover on the order calling the panel— whether it was @ panel merely for thls issue or Jor the whole case. Judge CaRpozo sald it was merely for the trial of this issue, Mr, MCKEoN—Then we shall not challenge. The 600 names were then placed im the box, and the first one that came out was Mr. Cor- oelius Greeland, who had an impression on his a which would require evidence for its re- moval. His answers led to a discussion of much length between prisoner's counsel and District Attorney Garvin as wo the form of the Judge’s charge, Mr. Garvin quoung from O’Connell’s case for hign trea- gon, in ireland, in 1792, and Opposing counsel claiming that that rule was expressly condemned in the case of Freeman, Mr. MCKEON, following, hoped that the Court Would not tollow a precedent harsh even for tne day and occasion of its delivery und utterly opposed to the amelioration of modern law. He was rejected by the triers, MR. NATHAN BROWN, NINTH JUROR. Nathan Brown, cloiiier, of No. 2v Cuatuam street, had had a slight impression on his mind trom read- lug the papers, but nothing more, and if evena elght legality was shown in the formation of the Grand Jury he would find aceordingty. He was accepied as the ninth juror at ten minutes of twelve, Louis J. Frank had a decided bias in the case ana ‘was let go. Moses Kothscolid was indifferent as to the parties, but 11 would make a diiference tn is verdict who were the 1uen on the Grand gury. ‘The triers rejected nim, uscar Mr. Sandtord was disqnalified on the princi- pal cliailenge, the third so situated, Arnoid Kalmen denied any vias, but had an im- pression derived irom the newspapers, an opinion ull remaiming. He was rejecied by the triers, MK. HENRY VAN HOLLAND TENTH JUROR. Henry Vau Holland hav no bias or prejudice, and @ be found any idegality tn would seud it back to another Grand Jury, (Laugh- ter. Challenge withdrawn by the prisoner and re- newed by the District Attorney. He was a friend, personal and political, of Mr. Jonn McKoon, one of prisoner’s counsel, Le was not going to put him- seif OW Tecora 4s one Who did not read and think, but nis thoughts had not matured jato an opinion, He was accepted aud became the tenth juror at tea minutes past twelve v, M. MR. SAMUEL GOLDSMITH THE ELEVENTH JUROR. Samuel Goldsmith, the next Juror called, bad read the newspaper accounts, Dut they did not make much impression on bim; be was kina of sorry—sorry for Mr. stokes aud Mr. Fisk. He was @ Wholesale butcher. He bad no prejudice against technical desences, He was sworn 1 as ejeventh juror ata quarter past tweive, A LEGAL BOUT. Isidor Goldsmith was the jourth who had an opinion as to the legality of the Grand Jury, and was immediately judowed by Joun A. McKeon, who was the Mito in that position, Boto were «is- posed of on priucipat chaueoge. Jesse M. Carter bad nv bias, and the accounts of tne homicide made but a slight impressiva on his mind, Which does uot How exist, us be forgets prey much ali he reads in the newspapers. tie had been vi speaking terms with Colonel Fisk, but not on friendly terms; be had not seen his funeral; bad not belonged to tie Ninth; had heard others tlk about tue case, bul had expressed no opinion hiunseu, Se knew Mr. Fuller, Woo was employed by the Erie Kallroad. Mr. MCKgon, in aduressing the tners, sata they Might ve astonished at their objecting to this juror; but lis denials recalied to his imind Shakspeare’4 line, “Metuinks the lady doth protess too much,’ They had siown bis convection with Mr. Fuller, of the irie Rauiway, and if he Look tne twellth seat the jury Would be under the suspicion of being In relaulod With the wost dangerous combinauon im the woria—whe Erie combination, Counsel then asked spevia! charges in relation to Ulls juror, clauning that he seemed to desire to pore form what was generaily considered a tost ouerous Ouly—a duly which vie vier jurors Would opiy ne | Statutes were prospeciive tn their operation, the Grand Jury he | NEW YORK HERALD, WEDNESDAY, FEBRUARY 14, 1872.—TRIPLE SHEET woogiaa to be relieved from. He had defeated many such attempts—his associates still more, He sepenee the Coart to charge that the retentiveness of his memory and bis suspicious answers were to be considered by the triers, District Attorney Garvin claimed that the juror attended under the compulsion of summons; that his answers Were natural and pro) and showed him to be entirely indifferent. le insisted that there was nothing on which the Court could charge the triers. Judge CARDOZO submitted the matter to the triers in a somewhat more elaborate charge than usual, Lhe triers found him competent, CoUNSEL—We chalienge peremptorily. The DisTRicT ATTORNEY objected; they had no night, and the Court was of the same opinion. Mr. GERRY Tead the statute on the formation of peut juries, claiming that under that act they had at least two peremptory challenges. The case of Freeman, wnich decided they had no right on such a trial to @ peremptory challenge, was decided three months before the passage of the acts of 1847, uuder which he claimed the right, In 1850 this question had been discussed, and four yadges had agreed that the act of 1847 conferred in all criminal triais the same right of peremptory challenge which Was conferred in civil suits—viz., to challenge per- emptorily two, The CouRy sald it was inclined to the belief that no peremptory challenges were allowed tn a trial of this kina, Prisoner's counsel proceeded to argue the ques- tion, claiming that the third section of the action of 1847 Kept alive the venth section of the old law. ‘That tenth aeciton gave the same rights in criminat as in Civil triais, At the time of Freeman’s case there were no civil challenges, but the revised ly when peremptory challenges were allowed by the act Ol 1847, the provision became Incorpurated into te old act, aad the oid act must be interpreted by the new act, ‘The two acts were in part materia, and must be construed as though passed at the same Lune, aud tols nas been decided by the Suproaté Court. strate donse District Attorney GARVIN replicd—First, that this Was not a civil action; secoud, that it was not & trial Involving a4 punisnment of the prisoner in pes Prison or by d¢ath, It Was @ mere prelimuuary tri as 1” cag COMsututoH O! the Grand Jury. The statute Théte a by counsel was directly before the Court in Freeman’g case; it Wis qualed 1p their opinion, and they soleingly State cad not BeFUUE pore tor, challenges oa preliminary trial. ‘The act oO} ald not mention thus kind of preliminary trial and how it could apply. It gave aright of two peremptory challenges on trials of issues of fact joined in a civil actton. Was this acivilaction? Certainly not. RULING OF THE COURT, Judge Cardozo held that, before the act of 1847, the prisoner had no right to peremptory chailenges, except on the plea of not guilty, He felt saongly inclined to the view that under the act of 1847 the same rule continued, but as some of the passages quoted from the case m ninth Barbour seemed to apply to the present question, he should not m this preliminary matter hazard the triat on his indi- vidual opmion, and would therefore allow the pris- oner two peremptory challenges. Mr. Carter, who had been ail that time awaiting the result of the. discussion on him, was theretore ordered to stand aside, and the Court took a recess for twenty minutes, After the recess Jacob Sharp was the first juror called, but having, as he stated, a decided bias, he was rejected, ISAAC 8, COHEN, JUROR NO. 12, Isaac 8. Conen was the next, and had no bias whatever; hau read about the homicide, but it haa made no hnpression on his mind, He was taken as THE JERSEY CITY HOMICIDE. Continuation of the Trial of Policeman Har ned—He Wenl d One Not stop- pig tliat hs Daler le Meee acs ‘The trial of OMcer Harned, chargea with the mur- der of Henry Nolte, was continued yesterday at Jersey City. The following evidence bears directly onthe shooting, and shows how the deceased came to is death: — Albert Buggarech testified that he lived within two doors of Guth’s saioon; I was in Guth's saloon on the nightof the 29tn of October; went in about half-past nine o'clock ; there was some children, Mrs. Guth’s sister and some other per- sons tn there; Nolte came in about a quarter of an hour later; saw Harned there soon. after 1 caine in; saw Nole there’ tirst; 1 raitied for two geese, and a children went home; myself, Nolte, Charley Harned and Mr, Kliennan sat down to a table; there were s couple of other men; we sat there till about twelve o'clock, and we had some lager, but I cid not see any one drunk; Mra. Guth came in and said her husbund was hit with » stone ia the face; we ail went out together to find out the man that did harm to Mr, Guth ; Noite went out with me and we went to the corner of Beacon and Oakland avenues; Rolie and myseit were tozether; did not seg Harned at that time; Noite told me to go to the corner of Clinton and Oak- land kvenue to ace if I could find the man that did harm to Mr. Guth; we went together on the west side of Clinton ave- nue and crossed over to the other side; the way down we did not see anybody; Nolte to go home again, that it would be no use to follow this an up, as ie might be dangerous at this time of night; he said, ‘*Lhat is #0; let us go home;” we turned to go ack,/and had gota few steps, when we yaw a man running rom the cos mith er of Beacon uvenue across the lots towards Clinton (a) i the man we want,” man; It may be the wrong ma Mk as ight man; let us go after T anid, “It might be dangerous to go after let’ us he he sald, “Oh, no, him; 0’ home” Jet us Ot he started ruining away from me towards Oak- feca avenue into Clinton avepue;, he was sevent or eighty feet of when I started after him; be crossed Clinton avenue, on the side towards Bencgn avenue} we saw this man ran into an alleyway on Clinton avenue; there are two alieyways there; the man had got into the alleyway before we started to run; Nolte ran to this alleyway; I ran up to the alleyway and stood looking for Mr, ‘Nolte, but could see no one; Officer Charley Harned came up to me on Clinton avenue, from the direc: tion of Oakland avenue; took out some- he thing from his coat and two shots throug! na tea ihe second shot I went UO PURER beet Bh BS ‘way nome there was no one with Harned; I lett Harned standing there; did not hear any more shots before I went away; when I went away I ran some part and walked some part; I saw some peopie on the corner of Beacon and Oakland avenues, pat Co want tg Mr. Guth’s saloon again; sven F guiue f 00 Were were two or three police officers Ghd the doctor there; Nolte was sitting in a chair, aug J Was surprised wien he said that he was shot; I saw {Ue Wound in his back; 1 remained until he was carried out and then went home; the last I saw of Harned was when be shot down the alley and I left him standing there; did not see any one in the alleyway when Haraed sho Sergeant Van Buskirk examined—I was on my way from home to the station house about one o'clock on the night ot Octover 29; at the corner of Oakland and Beacon avenu two gentlemen, an old lady and a boy talking heard a noise, and sald to Harned, “What is 4 off ona run down Clinton avenue; w two men, one in his abfrt sleeve nce of Harnei; when I got half y between the house at the alleyway and Gakland avenue there was « pistol shot from the direc- ton in which I was in; [looked over toward the alley: and saw Ollicer Harned firing up the alleyway; thi fired two or three times; then saw two men coming towards me from the direction of the house by the alley; I caught the tallest one and commanded the other to halt; when I caught hold of him, he said, ‘for God’s sake, save me!” by that’ time Harned’ came up, and I asked him if they were bis prisoners; he mace the reply that he did not’ know whetber they were or not; 1 let them go, and they went towards and up Beacon avenue; tne twelfth juror, and the Court, alter cautioning the jurors against discussing or talking about the case, adjourned the case till this morning. A SIXTH WARD HOMICIDE. Fatally Beating a Sailor—Post-mortem Ex- amioation. Captain Kennedy, of the Sixth precinct, yester- day morning brought before Coroner Herrman, at te City Hall, Hugh McGlone, a well Known sus- Picious character, whom he had arreyted, charged with committing an assault oa John Bell, & thoroughgcing “bummer,” of the Five Points’ type. On Sunday, the 4th inst, the men had an altercation about a dog in one of that class of distilleries known as “bucket shops,” located at 477 Pearl etreet, where liquid poison is sold indiscriminately to all comers, old and young, black and white; many of whom lie down on the premises and sleep off tne effecta of the so-called whiskey. Who struck the first blow. does not positively appear, but during the fracas McGlone knocked Bell down with ins ists and placa’ both eyes in mourving. The matier was studiously kept from tne police, and in tne meantine Bell continued about his favorite haunts, drinking to excess On all possible occasions. At Jength he became helpless and was taken to the hospital, Where death ensued on Monday, As it was possibie that Bell’s geath might have been accelerated by the mjuries received at the hands of McGione the latter was arrested and Jocked up. James Gill, a Man who Witnessed the assault, was also deiained as a Witness, Gull states that the pris- oner knocked deceased down and kicked him several umes, POST-MORTEM EXAMINATION, Yesterday aiternoon, wt a laie hour, Veputy Coro- Johu Beach, M. D., made @ post-mortem examina- ton on the body Of Kell and found a@ large clot of blood on the right side of the brain, probably a week old. All the internal organs were healthy, Death resuited from compression of the brain. In the opinion of Dr, Beach the effusion commenced at the time deceased was struck and knocked down, last Sunday week. A SCHOOLBOY HOMICIDE. Another Affray Between Juveniles at a Pab- lic School—veath of One of the Boys—Pout- mortem Examination, Yesterday afternoon Dr. Jonn Frederick, of Rose street, called at the Coroners’ office and reported that John Fitzpatrick, one of his patients, nearly seven years of age, had died the day previous on the top floor of premises 81 Beaver street. The boy had been ill for several weeks, and when frst taken down complained to his mother that while at play in the rear yard of the school in Pearl street, near Beekman, about five weeks ago, he was twice kicked in the groim by @ school boy named Connor, some twelve years of age, whose mother lives in Wall street, The boy Jully recovered from the effects of those injuries, and two or three weeks later diphtheria set in, which was cured by the at- tending physiciaus, Av @ later period meningitis set in and continued up to the time of his death. Coro- her Schirmer took the case in charge, and yesterday, Jate in tue day, Joseph Cushman, M. D,, made a post- mortem eXamination on the body of deceased, on which he found no external marks of violence, Several fakes of lymph were discovered on the base of the brain, and the ventricles of the brain were distended with serum, Death, in the opinion of Dr. Cushman, was caused by meningits. Until a more complete history of the case 1s developed Dr.Cusnaman ig not prepared to say that the injuries the boy re- ceived had anything to do with causing death, It 18 possiole that tie meningitis may have been the Fesuit of natural causes. Captain Ulman, of the First precinct. who was consulted in regard to the matter, wili keep @ watch on the boy Connor and produce tim at the Coroner's office on Thursday morning, when the inquisition will be held. in @ criminal sense it 1s believed the case will amount to little or nothing. THE SLEEPY HOLLOW MURDERER, Buckhout’s Doom Approachiog—The Court of Appeals Wil jot Interfere—How the Criminal Received the Announcement—He Promises Not to Make “Extra Trouble” on the Scaffold. Despite the strenuons efforts made by counsel in his behalf, the execution of Jsaac V. W. Buekhout, at White Plains, Westchester, on Friday is now re- garded as certain to take place, ‘The ae- cision Of Chief Justice Church refusing a stay of proceedings on the ground that “there was no material legal error committed” during the trial at which the criminal was con- vicied, has left littie or no hope in the bosom of the condemned man that any possiole circumstance could now avert or postpone his fate. On being informed by Sherif Brandage that the highest judi+ «lal authority in the State had aeciiued to interiere in his behalf, BUCKHUUT TREMBLED SLIGHTLY, but did not jake any reply, Yesterday tie pri was removed juto @ larger abd more comtor: celi than the oue he had bitnerto occupied, care | having beea previously taken vo ascertain that he bad nothing Concealed about bis person. Having been asked by the Sheri whether he would not hike to have other than the prison fare, Buckhourt smiled yood naturediy and replied, “I haven't got a great while to stay, have JY ‘The jail fare suiis me well enough, and I | don’t know that I want anything diferent” The tewder-vearted Sherif, however, ordered that the prisouer’s weals be sent him itom a neighboring hotel, He evidently appreciates the kindness shown bi during HIS PROTRACTED INCARCERATION, and, while expressing his knowiedge of the yn. pleasant duty” which must devolve on the Sherict, has assured the latter that he (the prisoner) wourd pot make him any exira trouble if be could neip it. The wretched map 18 Visited dally by Kev, F. B. Van Kieeck, pastor of Grace churca, who speaks hopefully Of the anxiety evinced of — Jate by the prisoner to remove his thoughts from things temporal and place them on matters eternal. In the hope of obtaining A FURTHER KESPITE Backhout’s brother and sister-in-law proceeded to Aibany yesterday intending to make @ Dual appeal tu Governor Hotiwan. It 1s not belleved, however, that the Goveruor will interfere with the course uf justice, 4 Preparations pave already been commenced, for the enclosure of the space Winch separates the jail irom toe rear of the Court Bouse, as itis witha tis Wat (he mawows wii be erected Lo-marrow. then took Officer Harned and we rehed through ine alleyway, but found nothing there; they then went up to Beacon avenue and I went toward Hoboken avenue; had not ot wore than Lalita block when I met Dr, Bird and officer Lidell, and they told me a man had been shot in Beacon avenue; I went back to Guth’s saloon and found the man who ran into my arms lying on the stoo eked him up and carried him inside, and Dr. Bird examined bim and fount that be was shot in the back; I then started with Ofticer Harned to the station house for a stretcher; Sergeant Newton was on duty there, and t gave Harned imo his care; ot @ atretcher we took the man home; st there an until the Coroner came and took bis dying statement; Dr. Bird took the bai! out; I left about five o'clock in the morn- ing; that evening I saw the man dead; this was the night of Saturday ana Sunday morning; the two men that I firat saw on the corner were the same two that afterwards came run- ning upto me after the shots were fired: they went from the col '@ little ahead of Officer Harned; I lost sight of them as I beard the first pistol shot; after hearing the first shot J looked up and saw ed tire two or three shots into the ‘alleyway; Harned jowards me, and then I saw these two men running towards me; they seemed to come from ide of the alleyway; should nty-tive feet from Harned the street towards me; I think I in all; when I took hold of (he taller man the other stopped; Harned was not on patrol duty at that time; I think be had been drinking; do not re- member wnat conversation 1 had with Harned about the shoot! Sergeant Newton testified :—On the night of the 29th of Oc- tober I was on duty in the tion house; a German came there and told me there wi shot in Beacon avenue; think bia name was Buggarscl nt Dr. Bird and Otticer Lideil up there ; in half or Urea rters of an hour Sergeant Van Buskirk brought Harned down, and I kept him in the front ouice for half an hour, until the Captain sent an order to lock him up; he gave bis pistol to Oflicer Reinhardt, and he to me; think pistol (shown) waa the one; Uaptain Parker and myself examined the pis- tol the next morning; think there were three balis in it; it will contain six cartridges; Itold Harned I thovght he had got himself in a jittle trouble; be thought not; he thought he ‘was doing his duty, be said, and he stated that he would shoot any man thy ray from him at page after be told bim to halt; old bit at Lthought he had not ought to have used the pistol as soon as he did, from what T bad heard; 1 let him out at half-past four o'clock to go on duty Coroner Volhard teatified—I knew Henry Nolte, and knew of his being shot; between one and two o'clock on the 29th I was notitied that a man was shot, and I went and saw Nolte; saw a wound on bis back near the right aide of the spine: 1 saw another wound on the frout of the body, where the ; Nolte was In a sinking’ condition; 3? I then took his ader oath. (fhe dying mai deposition was then offered in evidence.) He dia not cnow who shot him; I received a bail which was taken from it'was handed to me by Sergeant Van Buskirk t it ever since; | saw the pistol that was taken ; think two balls nad been fired off; the ball I fit the pistol exactly; the ball was distigured, = <= 2 Nolte’a body; and I have from Harn have did no Captain Parker recallea—I took chai of the pistol that same morning; four balls had been fired and two charges were left in; the shells were in the pistol; I kepit the pistol until Thanded it to the Grand Jury; this pistol (shown) looks ike the pistol, Mra. Salone Kortz sworn—I was at Mr. Guth’s saloon the night Mr. Nol eleven o'clock and went into ister; was not Dr. '. Bird sworn—I am a police o'clock I first beard of the snootin; urgeon; about one at the police station ; went up to Beacon avenue and found a man lying on the stoop wounded; had him taken into the saloon and from there home, where I extracted the ball; the ball passed nearly straight through; found the ball in'front and gave it to Sergeant New! the man was in a state of collapse and the wound was a fatal one; I stayed wntil five o'cock, and at nine o'clock Ifound another physician in attendance ; I made a post-mortem examination; he died of internal hem- orrh age, caused by a pistol shot wound, The pistol ball and map were offered in evidence, after which the state rested. Mr. Wintleld will sum up for the defence tns forenoon, TRE PORT MORRIS MU Trial of William Grinder for the Murder of Robert D. Foster. William Grinder, the “Port Morris murderer,” ‘Was arraigned before tne Court of Oyer and Ter- mmer of Morris county, New Jersey, at Morristown, yesterday. The prisoner stands indicted tor shoot- ing Robert D, Foster, on the 24th of October, 1871. On that day the murdered man entered Grinder’s saloon in the village of Port Morris, He was also accompanied by two companions. The three drank at the bar, and left at twelve o'clock. After walking a few rods John Burns returned to the res- taurant and came back to the party with a bottle of rum. They all drank from the bottle, and a few minutes alterwards were met by John Pinkerton with a loaded revolver. He pointed the pistol at their heads, and said that he would fire uniess Foster re- turned and paid for the whiskey, Murray, the third man, expostulated with Pinkerton, and said that if he did not take vack the revolver to Grinder he would kill him. Pinkerton did so. 4 few min- utes afterwards Grinder, the murderer, put in an appearance, with te = tdentical re- volver. He swore terribly, and wanted the money for the whiskey. The three men_pro- tested their ignorance of the purchase, At this he deliberately fred at Foster. The shot took effect jo his right thigh, the femoral artery having ER. been severed. Foster, after looking at his wound, pomted to Grinder and. said, “See this, you have killed me.’ Grinder threw the weapon away aflerwards and escaped for the time, but Was arrested aiter the Coroner's jury had placea the murder at lis voor. Since his incarcera- on in the jail at Morristown he has resolutely re- fused to see any person, although ministers of every denomination have urged him to permit them to talk with him. Grinder was brought before the Court at ten A. M., Judge Dalrymple presiding. ‘The Chamber was crowded, Alfred Mills, for the prosecution, opened first, He recited the case for the State, Grinder pleaded ‘not guilty.’ Several witnesses were ex- amined for tae prosecuuon and testiied to the shooung. William Collins, for the defence (the only wit- Ness), testified that Foster clutched the pistol while in the hands of Grinder, and thereby caused tne ex- Plosion, Upon his evidence tue counsei for the de- lence base their argument, and try to acquit the criminal upon the plea of “accident.” ‘Lo-day poth sides Wul sum up aud Judge Dairym- ple will charge (he jury. ANOTHER STREET OAR GRIEVANCE, 70 THe Epiror OF THE HERALD:— 1 Wish to cail your attention to an annoying mis+ Management on the line of the Madison avenue cars, Their terminus is supposed to be at the junction of Eighty-sixth street and Madison avenue. Many re- sivenis OF Yorkville, to escape tue disagreeable ride in the Third avenue cars, wil walk some distance down to take toose in Madison avenue, I myself prefer to Wak from Nivety-second street and Third avenue. ‘This to a delicate person in severe winter Weather 18 not particularly agreeable; but, of course, We cagnot complain if the railroad officials fulfil their part of te contract, out this they do not do. Any Ume from twelve to three o'clock you may see & long live of cars extending from Kighty-fourth to Eighty-sixth street, and the passengers are only taken as far as Eighty-tourth strect, to trudge through rain and snow the rest of the way as far as their destination may lead. This | know to be a Ferious inconvenience lO many, Please give your Voice Joy s18 Correcion and Ovlige 4D heDER Oe THR WRRALD POLITILAL MOVEMENIS AND VIEWS. Free Discussion Demanded Inthe Republican Ranks. (From the Philadelphia Press (republican), editorial, Feb. 13.) Let no man suppose that the republican party imcends to abdicate its throne or power, won through battle and death, Never wag it more Ormly seated than now. fhe discussions of recent events are the thunder storms that leave behind a bluer sky and clearer atmosphere. What our people de- mand 1s the freest discussion of candidates and of measures, We are nothing If not volerant and wise, Ours 18 not @ party that fears the most searoning investigation. It must be this, or it must die, An die it cannot, as long as its leaders adopt the warn- ings of the hour and anticipate the wishes of the people. We regard the present as the best and most hopeful period of the ume, «It gives us promise. It luts us above the little men and base facuons ol the hour. It prepares us for the future. The Next Presidency—A Voice from South Carolina in Favor of Grant. Daniel H. Chamberiain, Attorney General of South Carolina, has written a letter, in which he urges the renomination of General Grant, and says:— But I would not place the choice of General Grant upon the ground of avallabilily alone or chiefly, It is the great fact that ne has been tried and found faithiul; that he 1s honest and patriotic; that Ms record of service and aciievement is more tlustri- ous than that of any American siace Washington, taat should move the republican party to ask him to stand at the helm of State for another term. We may make the largest allowances for mistakes of detul or policy, Which the opponents o1 nls reaom- ination claim, and still the great results to which I pe a a remain undiminisued apd unde- nial “Better Men” Than Grant. The response to an inquiry in regard to a better Man for the Presidency than General Grant, the Springfield Republican (anisGrant) remarks; — pigs * - = Well. stout up Ghd Took at Charies Suir, Ly- MAN Tumuli, J. D. vox, Henry Wilson, Schuyler Collax, ‘Theodore Woolsey, James G. Blaine, Joseph R. Hawley, George 5. Boutwe!l, Judge Davis and James Wilson. Will not one of these do to compare with General Grant? 1s there not one among them ail who, by education and experience, instinct in the science of government and mtelligence in the Means of its administrauon, would give promise of proving a better President than the present? Grant and His Critics. Under this caption the Detroit Post (republican) says:— Brilliant, incisive, captious criticism may interest and amuse for the ume velng, bUL the vast ma,ority of the people pay Iitue attention to it. They see large results. In comparison with those, the rude- ness or the Weakness of the procegs interests them little, And so Grant will wear out all the keea mi- croscopists Who inspect the list of hts relatives; Weave his opinions into the speeches of Congress- men; and find only bypocrisy in his slowness, aud indifference in his somewhat stolid persistency. His- tory, however, will correct all this hostile but lim- ited inspection of his character; reject the minor faults and flaws Of organization, and give him his Just renown for accomplishing great deeds by drm- ess, coolness and pertinacity, THE RICHMOND COUNTY ELECTIONS, Defeat of the ‘ting’? and Grand Victory for the Lieformers. The annual election of town and county oficers for Staten Island took place yesterday. The neigh- borhood of the polling places was thronged with the friends of the candidates throughout the day. It was one of the most exciting elections ever heki in tne county. The principal offices to be voted for Were those of Supervisors, one from each of the five townships, the others being for Justices of the Peace, Assessors, Collectors, Town Clerks and other petty officers, In Middietown the fight was very bitter for Supervisor, the candidates being Ss, R. Brick, Jr, one of tne leaders of the ring, and A. ©, Bradley, & prominent reformer, ‘In Westfield ‘the candidates were A. H. Wood, re- form, and D. P. Winant, regular democrat. Iu Southfleld—D. Keely, ring candidate; G, ee relorm, and J. Cornell, reguiar demo- crat In Castieton—R. Christopher, democrat, and J. D. Vermaile, reiorm. In Northiield—J. H. Van Cilef, ring, and J. B. Hill- yer, reform. ‘fhe contest between both parties was very bitter, but resulted in a grand victory for the retorm party. From an early hour in the rnoon te members of the ring knew chat they would be defeated, and Buch cheering remarks as these might be heard on every side:—“Say, Jim, don’t feel downhearted; suppose we are beat, there 13 a day of reckon- Ing coming; they can’t always hoid tnewr ground.” Une oid Dutchman in Middletown relused to vote uniess he was paid for it, “1 no vote for nothings,’’ he sald, “1 want munish, I do,” Thomas McCape, a Candidate for Game Constapie, Was repurted last evening to have died. He had been ailing tor some ume. 8. KR. Brick, Jr., we candidate for Supervisor, lay Seriously ill yesterday at his residence, attended by two physicians, Owing to the last boat leaving the island for New York at an early hour the reporter was unable to get a correct return of the vote. ‘The following are, in all probability, the candidates elected for Super- visors:—Northfeld, J. B. Hillyer, reorm; Southtield, D. Keely, reguiar democrat; Westfleld, ‘A. HL Wood, retorm; Middtetown, A. C. Bradley, reform; Castle ton, J. D, Vermaie, reform, In the evening canuons and rockets were tired off in honor of the reiorm victory. FENTONITES AND CONKLINGITES IN COUNCIL. A Movement in tae Unk League Club to Bring About a Reconciliation Between the Two Republican Factions. ‘There 1s an attempt being made at reconciliation between the Fenton and Uoukling republicans, Chief among the peacemakers there are some gentlemen who have been abroad for sev- eral years. Having viewed the ever-shifting scenes of our political arena at a hazy aistance they are not cognizant of the fact that there are too many politicians interested in keeping up the quar- Tel to allow their efforts any chance of success, These well-inteationed geutiemen have paid a visit to President Grant—the man of peace nar excellence, The President told him that he had no ill feeling against Fenton or Greeley; that others had done all the talking and running of the political machine; that he himself had no other, thougnt than the faithful fulfliment of his duty as a chief magistrate, and that he would prefer to see both Couklingites and Fentonites pull together, On Monday evening the subject of renomination came up at the Upion League Club, where many rominent republicans were assembled at dinner. ne adherents of Mr. Fenton began to discuss the coming Presidential campaign. They contended that there ought to ve some man {ound upon whom both tactions could unite their vote. ‘The Conkiingites declined to fol- low them on this ground, looking upon the re-elec- tion of President Grant as @ foregone con- clusion. They said that they would enter into @ discussion avout principles, but not about men, in order to avoid personal recriminations of which there haa been too much already. Never- theless, they 100K occasion to defend, in glowing terms, the adininistration of President Grant, his reduction of the national debt his economicat measures, his policy toward the Indians, &c. Among ihe speakers Mr..J. ©. Cowdin was the most promi. nent in favor of & fusion of the two republican fac- tions, Altogether there was a great dealj said, but litue done toward reconciliauon, A QUERY FOR DAVID A. WELLS...IS IT RIGHT TO OVER-TAX REAL ESLATE? To THE EpiTor oF THE HERALD:— I have read the communication of a ‘ ‘Retired Mer- chant” in your paper this morning ana fully agree with iim, Mr. Wells may be a great financier, but & more outrageous and unjust law was never pro- posed, It exempts almost all personal property and throws the tax upon real estate, Let me illustrate one of the unjust propositions, as I understand 1 l1own a house worth $10,000; mortgaged for $5,000; therefore Iam worth just $5,000 in real estate and have no other property in the world. The propo- sition is to tax me for the full value of the real estate when I own but one-half, and add ten per cent to that, and multiply the jatter by three, thus:—Actual value of reai esiate, $10,000; rental value, $1,000, on which [ am to be taxed three times, $3,000, thereny compelling me to pay on $138,000 (when J am worth just $5,000), and not tax the mortgagee or wealthy men, who have millions of personal property, oue dollar, 1s this right or just? J say no; and every real estate owner should use hits induence to defeat it and retire the present Commissioners, who nave own great incompetency, JUSTICE BEFORE MIGHT, “OHIO LEGISLATURE, The First Step Toward Free Trade with the Dominion—Obio Offers Her Canals on Terms of Equality with Unit States Citizens if Canada Will Offer Similar Advantages. CoLumBs, Ohio, Feb. 13, 1872, In the Senate to-day @ resolution was adopted granting the use of the Unio canals to residents of Canada on terms of eguality with citizens of the United States, provided the Dominion government grant a similar use of the Canadian to cll wens of the United States. In the House a bilt was passe’ creating a board Of trustees and visitors for AiumD! associations of colleges and universities, THE COURTS. The Jumel Estate Litigation Still On—, Smuggling of Cigars—Case in Bank. ruptey—Chargeof Counterfeiting Gold Soin—Busine:s in General Sessions. UNITED STATES SUPREME COURT. Another Ii we Land Gramt—Tho Grantees Lose It by Non-Performance of Conditions nnd Stipulations, Wasninaton, Feb 13, 1872. No. 40, United States vs. Vigei—Appeal from the Supreme Court of New Mextco,—The Court below confirmed the claims of the petitioners (appellees here), flied under the provisions of tie fifth section of the act of June 21, 1860, for a large quantity or land in New Mexico, estimated at 2,500,000 acres, and originally granted under the name of the “Jornada del Muerto,” or journey of the dead. The claim was formerly rejected by the Surveyor General of the ‘Territory under the act of 1859, authorizing its examination by that officer, on the Frouna that the grant having been conditional, and none of the conditions having been perlormed by the [aged the grant was invalid as & clalm against vhe United States. Frow this de- cision the claimants appealed to Congress, and the resuil was the pamae of the act of June, 1360, au- thorizing Vigel and those claiming under him to bring a suit against the government in the Supreme Court of the Territory, if brought within two years ofthe passage of the act. ‘Tne claim was contirmed, but no opinion wasever delivered or filed by the Judges giving their reasons tor rendering the judg- ment, Alter contending that the grant was invalld for certain irregularities, 1t 1s here urged that the decision of the Surveyor General, when tae case was referred to him, ‘was correct. B. Ul. Bristow and J. A. Wills for government; General Ewing for Claimant, COURT OF APPEALS. ALBANY, ‘feb, 13, 1872. In the Court of Appeals to-day Ju ,soments were af- firmed, with costs, as follows Middlebrook vs. Broadbent, the National Bank, or Pishkill vs. Speight, Moore vs. Moore, Westbroygg ys, Willey, Finnegan vs, Canaher, Owen v4 ‘she New York Central Rall- road Company, Willams vs, Lawret Judgmects reversed and new trials granted, to abide the events, as follows:—Caulkins vs, Hellman, Andrews vs. Gillespie, Chapman vs. McKay. Order granting new trial aitirmed and judgment absolute for plaintiffs, with costs—Tae City of Brook- lyn vs. The Brooklyn City Railroad Company. Appeal dismissed, with costs—People ex rel. Kil- bourne vs, Benedict, Appeal dismissed, without costs—Paul vs. Mem- ger. ‘The following order was handed down:— Ordered, that Hiram E. Sickles, of the city of Albany, be appointed Reporter of the Court of Appeals, in the place of Samuel Hand, resigned. COURT OF APPEALS CALENDAR. The following is the Court of Appeais day calen- dar for February 14:—Nos, 81, 142, 147, 149, 150, 85, 86, 161, UNITED STATES CIRCUIT COURT. . The Estate of Madame Jumel. Before Judge Shipman, ‘The further hearing of the case of George Wash- ington Bowen vs, Nelson Chase was resumed yes- terday. THR DEFENCE. Counsel for defendant offered in evidence public records from the town of Woodstock, Conn., in reference to the births of members of a family named Perry. Jason Perry, of Woodstock, Conn., testified that he was a wheelwright, and that he was bornin Woodstock in 1805; his parents were Henry Perry and Sarah Perry; the witness produced his family Bible, which he said he got from his mother; there was an older Bible, which one of his brothers took with bim when he went out West, but before he went out there he transferred the record the Bible now produced, and tne wit ness saw in the latter Bible the entries of the births of the members of the family pretty soon alter the entries were made; that Was about twenty years ago; the eldest brother of Witness has been dead seven or eight years; his brother, Josepa F. Perry, would be sixty-ilve years of age in June, and he had remained tn Wooustock until he was thirty years of age; he was a carpen- ter, and witness was engaged with him one seasen in building a house in North Woodstock, in 1831; Joseph F. Perry went to Boston; witness visited him there; after that he was in Roxbury, and wit- ness visited him there; in 1847 or 1848 he was in the house of his brother Joseph, in Vernon street, Rox- bury; the last time ne saw him in Roxbury was in the neighborhood of 1848, 1849 or 1860; his brotner Joseph was married and haa children, but rone of them grew up; he had not seen him since: he nad received letlers from him alter he came to New York; that might be in 18s2¢0r 1853, after he kit Boston; he had received no imiormation within a pier pertod whether his brother was dead or alive, Mr. Carter, of counsel for defendant, offered in evidence the record from the family bible produced by the witness, ‘This record stated that Joseph F, Perry, brother of tae witness, was porn June 26, (807. The witness was cross-examined by counsel for ead He stated, among other matters, that he ad recently gone to Boston with a gentleman named Logan to find out the house in which bis (witness’) brother Joseph lived; Mr. Logan aetrayed he expenses otf the trip; he paid his fare down and back; he did not promise to give him anything over and above his expenses; Witness tninks that all the entries in the Bible produced are in the hand. writing o! his brother Warner. In order to understand the above testimony, it 1s necessary to state that it was introduced ior the purpose of contradicting the testimony of Josepn . Perry, the witness who had testified on behulf of the piaintif, that he had resided in Providence, and that he there was acquainted with the Ballous and their friends. Tnedefendant claims that this Joseph F. Perry never resided in Providence at all, and that his home was in Roxbury, Boston, an: Woodstock, Conn, ‘The next witness was Stephen W. Bugoy. of Web- ster, Mass. He was, he said, born in Woodstock, Conn., 1n 1816; he had marriea @ sister of the last witness; he was always acquainted with the Perry family; he knew Joseph F. Perry, who was nine years older than the witness, and lived in Wood- stock until he was twenty-four or twenty-seven years of age; he then went to Roxbury, Mass,, und the witness visited him there twice, and quite re- cently he had seen the house in which Joseph F, Perry lived; witness, without the aid of any one, ‘was quite able to point out the house in Vernon street, Roxbury, in which Joseph F. Perry resided. Testimony of @ similar character having been given by other witnesses the Court adjourned to eleven o'clock this morning. UNITED STATES DISTRICT COURT. Alleged Smugaled Cigars. Before Judge Blatchford. Yesterday, in the case of the United States vs, a quantity of alleged smuggled cigars, claimed by Adolph Trow, the jury found a verdict of condem- nation, the value of the cigars to be assessed in & proper manner, UNITED STATES COMMISSIONERS’ COURT. Alloged Fraudulent Bankruptcy. Before Commissioner Betts, The United States vs. John P. Hayden.—On the 2ist of September, 1871, @ petition was filed in bankruptcy against the defendant, praying that he might be aajudicated a bankrupt, and he was so adjudged in the month of Octover following. An assignee was appointed, Defendant was in busi- ness asa butcher, During the time of these pro- ceedings he was sick in fis room under the care of a@ physician, On tne 2ist of September he collected bilis due him, most of which were collecied after the service of an injunction upon him. He sent for his counsel and told him he wished to obey the injunction, and sought advice what todo, His counsel was negotiating with nis credi- tors for a seitiement of their claims, and in view of the lavorable state of the negutiations he advised the defendant that he could spend the money which he had so Collected in tne reasonable support. and clothing of his family, in employing @ physician and in the purchase of wediomes watch he might pre- scribe, And in keeping up also a moderate stock in his store, 80 that the customers might not leave and the good will of his store thereby be depreciated, For that purpose ne spent $1,100 so collected. ‘The Commissioner holds that those acts are in violation of the forty-fourth section of the Bankruptcy act. All the estate of the bankrupt vested In his assignee from the date of the filing of the petition, and the defendant was bound to take notice of that trans‘er from the time the order 10 show cause came and the injunction was served upon him. From that date he must be deemed to have known that the property was not his, “His sickness and the wants of nis family,’” adds the Commissioner, * presont astrong claim to my sympathy; butin the purview of the crimi- nal law they do not justify tne using of the p rly and fands ef anotner any more than they would em- bezzling or stealing the money of anotner, The fendant 18 thereiore committed.” The Com ae holds bim to await tne action of the Grand ury. Charge of Counterfeiting Gold Co! Before Commisstoner Shields. ‘The United Staves va. soseph Wolf and P. ar mout.—The defendants in this case were charged with “making and having in their possession coun- terfeit gold pieces, in the resemblance and simil- tude of the gold coin of the United States, of the de- defendants admit nomination of one dollar.” ee acer taat the OO the ion of the coin, They ‘used for the purpose of making sieeve but- Sine charms, &e., Due wae never used, offered or passed a8 genuine com, A large number of jewel- lors testified that they had these coins tn thelr stores for tae lnae asepu yours, made ap in charms, breast- Pins, studs, &¢c., but that they were never repre sented as g gold dollars or offered as The Commissioner, in his decision, — hoics that the m: of this coin was illegal and con- aking trary to the statute of the United States, but that in phis particular case the evidence showed that there ‘Mad been no intent on the part of the defendants to fra“dulently puss them as gopumne, and he dis- charged defendants. he Commissioner ex- pressed Shope that all dealing 1a such articles snould be sped, and indicated that if criminal intent on the p.Wt of defendants nad been shown it would have been .4g duty to send tuem for trial. Charge of Sei“iwa Smugated Cigars. The United States vs. Pedro Francisco and Fer nando Antomo,—Tne sara were held epee missioner Shields to await théacuion of the Grand Jury on a cnarge of selling OF offering for sale, smuggled cigars. SOURT OF GENERAL SESSIONS Before Judge Redford, N In this Court yesterday Willlam Wills pleadet gailty to an atlempt at grand larceny, the tmdict~ ment charging him with stealing on the 31st of De-- cember a gold watch valued ac $60, the property of Mary Ann Buchanan. ‘Thomas McCarthy, a youth who was charged with stealing a valuable gold watch from Charies Rogers on the 17th of January, pleaded guilty to an ane at grand larceay. He was sent to tne House re. Michael Malley was charged-with firing a pisyol at: Charles Fricken, @ concert saloon keeper, on New Year’s night, and inflicting a wound upon the hand.,. Alter hearing the complainaut’s and the prisoner's: version Of it—the latier exhibiting the physical: marks upon his head of @ cluvbrag given him by) Frieken—tne jary, without leavg thelr seats, rep- dered a verdict of not guliy, * : — a COURT CcENDARS—THIS DAY. V SuPREME Coci—SraciaL TeM—Held oy Jud Ingranam,.fus, 65, 88, 28, 78, 121, 122, 123, 124, 1S, 128, 123) 12s, 129, 130, 131, 183, 134, 135, hi AME COURT—CHAMBERS—Held by Judge Bar- nard.—No. 180, . #OPREME COURT—CIRCUIT—Part 1—Held by Judge Yan Brunt.—Noa. 1093, 1101, 14134, 89, 773, 835, 849, 963, 1003, 1055, 885, 467, 957, 1021, 1117, 111%, 1126, 1123, 1125, 1127, Part 2—ield by Judge Brady,— Adjourned to 'Thursaay, February 15, SvureRion Court—TxiaL ‘teRM—Part 1—Held by Bf 9, 1265, 1339, 1411, 1185, 1675, 843, 1359, 1403, 1659, 1563, 1565, 1667, 1589. Part 2—Hela by Judge Sedgwick.. 3, 950, 244, 1064, 1068, 540, 760, 260, 270, 960, 559, 1170, 730, 624; 1072, 1078, 324, Court oF CoMMON PLEAS—Equiry TERM—Hela by Judge Larremore.—Nos, 174, 19}, 188, 189, 190. Court or COMMON PLEAS—TRIAL TeRM—Part 1— Hela by Judge J, F. Daly.—Nos, 156, 174, 176, 197, 67, 183, 189, 190, 106534, 467, 113834, 445, 710, 506, 970, 652, 764, 893, 930, 110d, 68, 205% Part —Held vy Judge Loew.—Nos, 1153, 1169, 1174, 1179, 1199, 1200,. 120, 1204, 1206, 1207, 1208, 1211, 1212, 1213, MakINE CournT—TRIAL TERM—Part 1—Held by Judge Spaulding.—Nos. 7997, 7728, 7991, J. vs. D., 7648, 8014, 8016, 8010, 8017, 8019, S038, 8018, 8020, 8021. Part 2—Held by Judge Shea.—Nos. 7720, 6835, 8006, 7681, 7331, 7936, 6557, 8107, 8008, 8009, 801), 8011, 8012, 8013. Part 3—Held by Judge Tracy.—Nos. 8804, 8538, 8718, 8785, 8823, 5452, 8835, 3836, 8837. JUDGE BEDFORD ON GARROTERS, James McLaughlin, a Notorious Garroters. Tried, Convicted and Sentenced to the State \“rison for Twenty Years. The Court of General Sessions, Judge Bedford presiding, was occupied the greater part of yester- day in the trial of James McLaughlin, charged with garroung. Allthe testimony in the case showed ‘that the prisonor was a desperate character, and his conviction and speedy sentence it isto be hoped wili be a caution to the gang of whom he was a sort of ringleader and chief, The most careless reader of criminal doings as recorded in the daily press cannot fail to have perceived that certam crimes frequently assume the form of an epidemic. Sometimes the use of tne knife and pistol seems to predominate over other offences, Tnen for a me the La gemry nave it all the own way, and again the “knights of the jimmy” come to the front and break ito stores and dwellings with impunity; and succeed- ing a lull in their operations, garroters appear in our public thoroughiares, and often in midday + boldly and brutally waylay peaceable citizeus and rob ‘nem of their money and valuables. It will be remembered that last Sepiemoer this latter species of crime was rampant; but it received a timely check by the prompt and vigorous auministraiion of justice, and ten of these lawless ruifans were convicted of highway robbery and sent to the State Prison for terms varying irom twelve to twenty years. Of late numerous in- stances of rovbery in this city and Brooklyn have occurred, and owing to the inadequate police force many of the highwaymen have escaped. The only protection whicn our citizens can have from this dangerous class of offenders 18 their speedy and severe punishment by the judges of our criminal courts whenever they are brought within the giagp of the law. Judge Beaford ts doing all in his power to pul a@ stop to garroung, and the Dis- trict attorney co-operates with him in placing the complaints fo7 robvery beiore the Grand Jury, 80 that indictments may be found immediately and the alleged criminals tried during the present ierm of the Court. Yesterday an AGGRAVATED CASE OF GARROTING was disposed of in the General Sessions; and as soon as the jury rendered a verdict of guilty, wrich they dia without leaving their seats, the City Judge sentenced Une prisoner to incarcera:ion in the Sing Sing Prison for twenty years. ‘ine name of the cul- prit was JAMES M’'LAUGHLIN, and the evidence agaiust him was brief, but very conclusive. Frederick Weist, residing in Thirty-seventh street, near Tenth avenue, testitied thatat twelve o'clock. at night on the 22d of January be went into an oyster saloon with @ friend, and after remaining. there for an hour they parted, and while he (Weis) ‘Was proceeding to nis home the prisoner came up and asked him what time it was; he replied that his watch was stopped, whereupon he unmediately received two blows in the {face and was knocked Gown by the prisoner, who tore his watch from the chain. Mr. Weist said he positivety identified the prisoner as the man who atvacked him, Counsel for McLaughlin stated tnat ne would not stultify himselt by proceeding with the cross-ex- amination, and offered to plead guilty, ‘The other witness called was Oiticer Reilly, of the Twenueth precinct, who testified that he saw we prisoner knock the complainant down on the cor- her of Forty-first street and Tenth avenue, and as soon as the latter caked “Watch”? the prisoner ran away. Reilly and another officer pursued McLaugh~ lin, and upon his refusing vo stop they fired their pistols at him, but, fortunately for the criminal, Without effect. At length the fugitive was caaght by a third officer in Ninth avenue. He was searched when brought to the station house, but the watch was not found, VERDICT—GUILTY, The jury rendered a verlict of gutity, and, after the officer informed the Judge tiat McLaughiin’s night name was “Jimmy Hart” and that he was an associate of bad characters, Judge Bediord pro- ceeded to sentence him. SENTENCE. His Honor said:—“McLaughitin, of late the crime of garroung has raised its dangerous head in our midst, placing, as it were, the lives of our citizens in Immment peri. [am determined, 1o every legia~ mate way, at all hazards, to protect the commanity against ruffians and rufianiam. And I shall take Uns Opportunity of saying that every prisoner pro- perly convicted of garroting shall have meted out to him the full penalty of the law—twenty years in the: State Prison—wnhich ts your sentence.” ‘The prisoner was then removed. ROSA: ROONEY’S DEFENCE. Sioplifting Extraordinary—Broche and strange Onthe. Rosanna Rovney, a comfortably dressed, stout wo- man, witha black and white plaid shawl on her shoulders, a black velvet hat with an immense scarlet leather on her head and a market basket on her arm, was oMicially ushered- before Mis Honor Judge Scott yesterday afternoon, She came op sobbing. Her white apron made a number of journeys to eyes which would well up no tera no matter how hard the svurces. were pumped. David Conen, of 249 Grand street, a curly-neaded blonde, proprietor of a dry goods es- taviishment at the above number, made a complaint against the fair Rosanna of lifting @ vroche shawi, worth $20, and secreting it under her clothes. ‘his Rosanna denied indignantly, aud with much em- st Pavjeuge,’? she said, “I deciaare to me Gaud, and before all the sous of men, that I’m as ennocent of baby.” this a @ baby. woman; make your com- fie nea aint, sir, W . : ‘The owner of the shawl commenced to make his. formal statement to the clerk. In we meantime Rosanna Kooney danced up and down the raued en- closure like a hyeua in want of food, yelled and she bawled, ‘J well, I well have justice; tax’ care, tak’ care how ye abuse yer oath; yell pear yet belore the baar of jedgment and 80 well 1,” JUDGE—Stop your noise, woinan. ROSANNA—AV Ine lather tha the sea and mo mither thas in Smithfield me pure husband thav’s in Glasnevin were to rise up beiore me this mintt, I'd swear that man @ ilar, JuDGE—OMicer, remove that Woman at once. ILLINOIS AND ata CANAL NAVIGA. CHICAGO, Feb. 13, 1872, Messra. Singer and Talcott, of this city, have se. cured permission from the fllinois and Michigan Canal Commissioners to run boats from Lockport to Chicago on the cable plan. The cable wi in the middie of the canal and grasped 4 Pat propeller with @ revolving clamp wheel, It 18 exe pevted that with from eight to ten woill laden boate & speed of five miles ver hour will be attained. ,