The New York Herald Newspaper, February 17, 1872, Page 5

THE GALLOWS. Exeention of Isaac Van Wart Buckhout at White Plains, Westehester County. Extraordinary Firmness of the Murderer. The Sleepy Hollow Murders—The Victims and the Vengeance of the Law. A Frightful Crime and Its Con- sequences. ANOTHER PENITENT MALEFACTOR. Strenuous Efforts to Save the Criminal—Hopes of Executive Interference Entertained to the Last Moment—Buckhout Not Dismayed When Under the Gallows—Scenes and Incidents of the Execution. In the tragic annals of human turpitude, since the featricidal knife of Cain first stained the virgin soil of carth with a brother's blood, 1c would be diMcult ‘0 discover a crime more atrociously conceived or more frightiully executed than that for which Isaac Van Wart Bucknout, in the yard of the County Jail ‘at White Plains, Westchester county, yesterday suf- fered the extreme penalty of the law. And although Justice in this instance has been signally tardy, owing to the too numerous facilities afforded by our judiciary as at present constituted, where- by arch-criminals oiten evade the consequences ef their acts, the righteous retribution which has ft last overtaken the Sleepy Hollow murderer 1s regarded with satisfaction by that entire commu- pity whose moral obligations he ignored throughout his lifetime, and whose peaceful, law-abiding ten- @enctes he ruthlessly violated and profanod, ‘The career of the man who has forfeited his life Yo outraged law reveals a nature unusually de- praved. Having been brought up in astrictly agri- cultural district of the county named, his educa- tional advantages appear to have been somewhat eircumscribed; although his fatner, being @ farmer in comfortable circumstances, did mot altogether neglect the instruction of his sons, some of whom have proved successful business men and worthy members of soctety. Na+ ‘arally possessing a low order of intellect and a pre- dominating development of animal instincts, Buck- Rout tn his youth abanaoned the studious cares of ‘the schoolroom for the more congenial pleasures of hunting, fishing and otner kindred sports, Owing to his depraved tastes he was constantly thrown into the companionship of others equally dissolute as himself, so that ere he arrived at man’s estate he had, 1n addition to his ovher vices, contracied habits Of mtoxicaiion, and was generally considered one of the most worthless characters in the neighbor. Rood, His indolent, disobedient and reckless course Of life was ; A CONSTANT SOURCE OF GRIEF tohis pious mother, who, when speaking of him, would call him her “erring son,” adding that “he had caused her more bitter anxicty and trouble than ail the rest of her children.” He was aman Without any apparent aim or ambition in hfe. Licentiousness and liquor were his delight, and he ‘Was regarded as a mortal enemy to female purity, In respec: to the latter trait, even during his mar- riea life, Bucknou’s gross proclivities were a perpetual source of terror to those Matrons among his, neighbors who had Gaughters growing up around them; and it 1s @ notorious fact that om one occasion tho mother of a young woman living in the neighbor- hood—perhaps wituin a few hundred yards of Buck- hout—armed herself with a loaded shotgun and watched with determine| persistency the door of his house nigtt and day for a whole week, during which time THE COWARDLY SEDUCER remained secreted, not daring to face the vengeance of outraged maternity. ; In an evil hour tor himself and for ner who had trustingty confided to him her earthly happiness, he married Miss Louisa Cook, an estimable young lady, daughter of a weaithy and respectable resident of the town of Ussining, After his marrage Buck- hout boarded with one of his brothers at Sing Sing, but Pis corrupt nature, in whose guilty atmosphere no honorable thought could exist, caused him to become jealous of that brother, though, it 1s gener- ally believed, without the slightest cause, Certain it ts, however, that revenge and murder were tuen in Buckhout’s heart, and if his brother had not taken himself out of the way he would have shot him, From that time forward it is said by those who knew him best that murder rangled in his bosom; and at the time the triple wagedy took place, if Buckhout could have enticed his brother to his house with the Reudalls, he would have slain him With the rest of his victims, By the ald of his wife’s relatives a farm was subsequently purchased in the romanuc neighborhood of Sleepy Hollow. Here, surrounued by the tranquil Charms of A LOVELY LANDSCAPE (the beauties of wuich have been delineated in the es of Our balional Iiterature by Washington Irving), the hearty good wishes and the iriendly co- operation of tue Duinecrous farmers Wuose comfort- able collages ot the lilsides and valicys, impress- ing the veholaer wth iieas of simplicity, thrift and repose, it seemed as tough no recurrence Of do- mestic trouvie would cloud the sunsiine of their newly married existence. Ere iong, however, the etorm of Buckhout’s vile passions yar arose, and he relapsed mto his lormer Bavits Of dissipation, to which was added the crowning ifamy ol marital intidelity. While the farm remained neglected and unproductive, and wiule tbe aimost heart-broken wile CROUCRED AROUND HER LONELY FIRESIDE, Buckhout continued Ms carousals, often absenting himsels jor several Consecutive days and nights, only to return home alter a protracted debsuca either to miaitreat is victim or shock her sensitive ature With foul charges 01 inconstancy. Among Buckout's deighbors was Alired Rendall, an Engtishman, of unbiemished reputation, who did business a9 a Wine linporter and insurance broker in Pine street, New ork. As the larm owned by Mr. Renuall joined the property of Bucknout, tne members of both families had always been on we most iriendly terms with eacn other. Buckhout and nis wire were On ail occasions welcomed to the house of Mr. Rendall, Wao bad often aided the for+ mer by his purse, as Well as his counsel, in busmess matters, Between Buckhout and Charles Rendall, sop of the murdered man, a friendly Intimacy had aiso existed for years, and in times past tuey bad often been companions iD the pursuit of game and other rural pasumes. On Veceinver 25, 1860, Backiout and his wite dined with te Renda family, and ia the evening A GAME OF CARDS was played, during witich Buckuout became un- usually morose ou ascertaining that his wile and Oharies Rendail had, in tho game, practised some sleight of hand wuich resulted tu his defeat Alter @ while, however, Buckiout pretended to regain bis cheerfulness, and on leaving Jor home re- + quested that Mr. Kendall, Nis son and Youngest daughter should shave bis hos- Pitaliiy on the following New Year's Day. Wheo Lie mornwg of Wal satal day arrived We @aughiter pleaded some excuse and abandoued the ldea of visiting, While ber jatner au brotuer set out for the dweilliug of Buckbout, Which place they were observed by some O1 Lhe Heigbbors to euler about ball-past ven A. M. Had they known that their host, with felt design, had early op that morning dischargea the barrels of bis gun (bat ho might re- load with larger sized shot, belore placing the Dewly primed weapon behind a couventeut door, hey would doubliess have shrank irom We INviba tion to What proved A FEAST OF BLOOD. On entering, the guesis found buckhout and his wife aione in the house, and after a cordial greeting the treacherous host myried his two iriends tato the sitting apartment, wile lis wile remained i the kitchen busied witn domestic duties. Having oured Out a glass Of cider each for tle UNnsuspedt~ ng Jather and son, Buckbout, without uttering & Word, instanuly disappeared behind the door of an adjoining apartment. What followed may best be Sleaned irom the eloquent and twwpressive exordium or Mr. Henry L. Clinton in summing up the case on the part of ine prosecution :— “The scene of the Ist of January, 1870, presented #0 fatuarully by the evidence,’ said Mr. Clinton, ‘Degwars Vescription, On tue worning ot that day Alired Kendail was the honured ead of @ most in- Veresting and promising tamiiy, wio looked up to hin with reverence, adecuon and devotion. He, a native of a foreign ‘and, bred to the profession of the fad} When past the meridian of iife, had, with his family, come to this, the land of hi adoption, to \ sojourn i Your midst, ‘Rapidly but emoovwly was NEW YORK HERALD, SATURDAY, FEBRUARY 17, 1872.—-TRIPLE SHEET. aE he borne Gown the stedeui of tials) Waid he was fiat wondering aloud whether the condemned man When a man itarily puts bimeelf in condition which oe ee ae re a a spent morning Gg fa ment of ‘excellent nealth, surrounded by loved ones at home—although in the course of nature the time could not be far distant when the clod of the valley should close over his mortal rem ee Ren- dail had every reason to believe that a happy thy future awaited him, that he would spend the evening of ile in the serene and baliowed tran. quill ity of domestic happiness, and that tinally, full of years aud rich im the esteem and ailection of ‘relatives and friends, he would descend efully and quietly to thag tomb which, at tue hest, 80 SOON awaits us Little thought he that his neighbor, whom he nad soe olten be(riended, Would be 80 soon TRANSFORMED INTO AN ASSASSIN. Who can portray the situation of the lamented Mrs, Buckhout on that occasion y No language within the power of man 18 adequate to the description. What must have veen ithe agony of that tender and loving wife? While exchanging congratulanous with her own and her Lusband’s guests THE REPORT OF A GUN upon her ear. One guest falis apparentiy another report follows quick a8 the light- ning’s flash, and she beholds before her the other guest acorpse! Her brain reels. Beiore she can pour forth a single wail of woe; ere she can com- mand strength to utter a shriek of despair, sie sees advancing upon her the assassin of her guests—he who bad sworn to love, cherish and protect her; she beholas murder in his eye; her deavn is written in nis countenance; HER HEART IS BROKEN; sbe cannot speak; her utterance chokes in the at tempt; her pent-up agony and untold horror cannot find vent tp so much as @ single sob; she gives one imploring look for mercy; then, without grant ing time for even a short prayer, the murderer, with upturned gun, does the work of death upoo her unresisting, helpless body.” Beheving that ne haa Killed all three of nis vic- tims and that his guilty secret wouid forever be secure in the graves of those whom he had so inhu- manly siaughtered, Buckhout, after smashing his gun On the defenceless head of his murdered part- ner, rushed trom the scene of blood to the house of aneighbor, exclaiming, “I have killed them all, take me to jail; Pm afraid they will hang me.” So far as reiaied to Ai‘red Rendall and Buckhout’s wife the murderer’s wurk had been effectually ac- complished, while Charles Rendall, having lingered unconscious for several days, ultimately recovered from mis wounds, with the logs of an eye, and his features otuerwise mutilated, Appalied, douvtless, at the magnitude of his crime, Luckuout, belore reaching the jail, commenced ‘A STUDIKD SYSTEM OF AUTING, with a view of impressing upon those around him the belief that his mental faculties were aifected, With head bowed down aud eyes apparently fixed on vacancy, he maintained @ gloomy silence for some days, scarcely touching food in the jail, and reius- ing to uttera syllable even when spoken to by his counsel, So confluent was the belict in Buckhout’s feigned insanity that he was, while overacting the Part of a lunatic, FORCIBLY DOSED WITH CHLOROFORM, and while recovering from the influence of the anasthesia was betrayed into a free use of his Mugual powers, freely confessing his crime and rehearsing the old story of tptidelity on te part of his slaughtered wie, The Grand Jury, whicn sat shortly afterwards, found true bills against the prisoner tor the wilful murder of Allred Kendall, and also for the murder of his (Bucknout’s) wie. His first trial for the murder of Alfred Rendall took place March 23, 1870, im the Court of Oyer and ‘Terminer, White Vlains, Justice Tappen presiding, Messrs. Henry L. Clinton, of New York; Jackson 0. Dyk- man (then District Atturney) and Jona 8. Bates conducted the prosecution m & Manner which re- fected ine highest credit on themselves. ‘Tne de- fence set up was “inganity,” anu the array of legal apility (which included the tact and forensic talent of Mr. Grenville I. Jenks, since deceased) vrougat to bear in behalf of Buckhout led many to believe that the ends of justice would be defeated, and @ remorseless, sin-soaked ~—matefactor again turned loose in their midst. In this veilef, however, tne community was happily disappointed, After occupying thirteen days the trial ended tn a& disagreement of the jury, who were said to have stood eight for conviction aad four for acquittal, ‘The second trial, Justice Joseph fF. Barnard pre- siding, Was commenced March 29, 1871, und con- cluded April 6, 1571, with another disagreement of the jury, tuey standing eleven for conviction and one lor acquittal ‘The third tral, also before tue last named Justice, was commenced July 6, 1871, and terminated og the 18th of whe same month, when Buckhont was convicted of MURDER IN THE FIRST DEGREE, with a recommendation to mercy. This was 'gene- rally regarded as a compromise verdict with an obstinace juror who would not be argued into an Opiuion contrary to that favoring mentar disorder on the part of Buckhout when he perpetrated bursts dead the crime, Accordingly the prisouer was sentenced by Justice Barnard to be bung on September 16, 1871. Upon application vy Buckhout’s counsel, however, Governor Hioffman suosequeatiy granted a respite vo Septemper 16uh, aud directed a commission de (unaiica in- quirendo, headed by Dr. John P. Gray, of the State Asylum for the Insane at Utica, to proceed to the jail for the purpose of ascertaining the mental status ol whe condemned man. The report of the cominis+ sion Was, in ali respects, untavoravle to Buckhout. His counsel, Mr. Francis Larkin, tien invoked the assisiance of Justice Pratt, who granted a stay of are which was only served on Sherif rundage when he was ABOUT 4.0 APJUST THE ROPE around tho neck of the doomed man. Tne legal polis which Justice Pratt had considered suiticient to Warrant him 1D granuing w stay of proceedings were argued at Ue General Term of the Supreme Court, in Brooxlyn, December 23, 1871, when tne conviction was ailirmed and Buckhout resentenced by Justice Gilbert Lo be hanged February 16. Again, on tie 2d instant, did the prisoners counsel apply lo Justice Gilbert for @ stay ol proceedings, on the ground that the Court of Oyer and ‘Yerminer, at ve his client Was convicted, was illegally organ- Zed. THE ARGUMENT Was responded to by District Attorney Briggs, of Westciester county, and resulled m the mouon being peremptorily denied by Justice Gibert, De- termined not vo leave any eifort untried to keep the halter from the neck of his client, Buckhout’s coun- sel, a8 @ last resort, sacceeded in bringing the case beiore Chief Justice Cuurch, of the Court of Appeals at Albauy, last Saturday, ‘nis did not avan, wow- ever, as (ne Chiel Justice announced his decision on Monday, refusing the application ior a stay of proceedings. When this inteiligence was con- veyed to bucknout he appeared to be visibly ailected, nis athletic frame trembling at the portentous annouucement. ‘nis appareut horror of nis ap- proaching doom, however, was of short duration, ‘as the wretched man soon resumed his wonted calmness of exterior, Which baa been the surprise of all who have come in contact with bim during his lengthy incarceration. Throughout the entire of ‘thursday Buckhouvs spirits did not undergo the sligntesi depression, this being attribated by some to the fact that he had been informed of the ALMOST SUPERUUMAN EFFORTS then being made, not only with the Governor at Albany, but also before Judge Jonnson, of the Seventh Judicial district, in his behali. Luring Uat day, his last on earth, the condemned mau appeared woudrously caim, ate nis meals with evident relish, and conversed freely, if not cheer- duly, with the few who were privileged to see him. — Before lying down that evening he was visited by iis spiritual adviser, Ve Mr. Van Keeck, aud Kev. Mr. Guilbert, of Tarrytown, whose church Buckhout formerly attended. ‘These gentlemen remained with the criiainal until hail past eight o’clocs, and in about five minutes thereatter Buckhout was undressed and in bed, courting “tired nature's sweet restorer,” as though he were about commencing ile instead of euding it by @ violent death on the morrow. Accompanied by Mr. A. J. Hyatt, a lawyer, wio had interested himself im the prisoner's de- fence, the writer called at Buckhout’s ceil door & few minutes after he had lain aown, On hearing the voice of the former the anxious man at once arose from nis bed, and, with @ cheerful smile, extended Is hand through the gtaung of his cell door to the visitors. When asked as to how he felt the reply was, “pretty fair; | am In hopes that the Judges wili do someting for me.’ In regurd to bis spiritual condition Buckhout spoke thankinily of the clergymen who had just lelt him for a few hours, and added that he had “doue the best he Knew how to prepare lor death.” be was then sorrowfully mformed tnat if THE DREAD SENTENCE OF THE LAW were carried out, nis body would be conveyea to Chappagua and’ there buried by tinéside of lis father and mother. ‘This touching ante-mortem as- surance did not produce any visibie efect on the doomed malefactor, Who, in @ simpie, saddening manner, expressed his thanks for this affectionate remembrance of him on the part of his relatives. Durmg we night Backnout slept tolerably well. At midnight he awoke from a deep slumber, aud while rubomg his eyes, as if to convince himself of the terribie realities which surrounded bim, ne was asked by one of the guards on Watco at bis ceil whether he bad slept soundiy, to which he repied, “yes; that he had been dreauung.”” Among the curious knots of cit zens which gathered ti various parts of the Court House up to eleven o'clock at might many hopea abd some veleved that a respiie Would come, While a lew were WILLING TO TAKE ODDS on @ wager that te execution Would not take place at all, Meantime the space between tue rear of the Court House and the jatl, containiug an area about flity feet square, bad been tenced in, and the hitherto unused gailows, Which bas lam in a neighboring bara for some yeara, brought out ana erected within the enclosure. This ghastiy appara- tus Was ocigiually intended lor Thomas Fitzgerald, @ soidier, Who was convicted for the murder of Elien Hicks, at Westchester, in 1866, and whose sentence was subsequentiy commuted to imprison- mentior lie. it consisted of the ordinary uprights und cross beam, with rope, pulites and weights, THE EXECUTION. Ere the sun had poured his golden light over the slumbermy village of Waite Plains yesterday mora- ing, strangers—mostly pedestrians—were observed coming irom diferent directions, many of them looking as though they had devoted a good portion oi the preceding night to their journey. As the morning wore on the influx of visitors rapidly ine credsed; throngs of people, represenung nearly ail classes of the community, pouring a from the most remote portions of Westchester aud adjoining Counties, From the capa- cious Jour-norse Wagon Of he faricer or the livery proprietor (o the solitary sulky of the sportiug mian—all were put in requisiion, Qudio most in+ stauces heavily patronized, 1% was to them no or- dinary event they had come to witness, or, at least, to be In the Vicinity at the moment outragea law wouid be vindicated, The hotels and barroms were taken almost by storm, and the excited Turalists, ag they frequently indulged their bibulous’ desires, enteriauca each other by Would not “cave in’? when brought to face the gal- lows, Wile Buckhouv’s career and erime formed Atmong the neasterea groups every where 10 ve weet ng the groups e on the streets or in the taverns, it was noticed that no man had a word to sayin his favor. Such was the force of public opinion, that it seemed as though the muraerer was UNAVERSALLY DENOUNCED AND EXECRATED; not altogetuer on account of his enormous crime, but pecause it would appear that nis whole life was destitute of a soln redeeming act. In response to a requisition je by Sheriff Brundage a detacn- ment of the Tmrd regiment, N. G. SN. Y., number. Ing about three hundred wen, under command of jonel Fay, arrived at an earty hour and took up @ position around the Court House, It can- not saul, however, that they imparted Much dignity to the’ soemn occasion, ag te proximity of several drinking sa'oons spread disorder in their ranks, and occasioned for a ume such a total disregard of all discipline as was sim- ply disgraceful. Sergeant Steers, of Tremont, with @ Section of his police force, Was present to preserve order inside of the Court Honse and gallows en- closure, 48 was also a portion of the Morrisania police, under Captain Delette, Shortly after stx o’clock Buckhout arose and per- fo.med his customary ablutions, At seven o'clock he was waited upon by Rev. Messrs, Guilbert and Van Kiceck, Who remained 10 the cell with atm (or an hour, aiter which a substantial breakiast was brought v9 the prisoner, ‘Tis repast, of which the condemned partook heartily, embraced ham and eggs, beeisteak, lot cakes with syrup, plain bread and butter, French rolis and coilee. Although av this hour every preparation had been made ior CAKRYING OUT THE SENTENCE, many still velleved that a respite would be forth. comlog. This belief Was still more encouraged by the fact that Benjamin Buckho brother of the risoner, had not putin an avpearaace since leav- ing for Albany in the hope of eflect Execative me terlerence, The condemned man himsell also hoped for the best, and while expressing hunsell a3 being ready ior the worst that migut come, still ene tertamed a strong hope that his brother's absence augured favorabiy. This hope on the part of the wretched man was shortly afterwards materi ally reduced when his indetatigabie counsel, Francis Larkin, accompanied by Benjamin Bucknout, en- tered the prison cell and inormed Buckhout that the flickering light of hope was almost extn guished, This meant that the Governor was being supplicated at that moment, aithough it was almost cercain that ne Would not interiere. Buckhout om hearing this EVINCED NO EMOTION, merely remarking that he had expected such @ re- sult. In order to await intelligence trom the State capital Sherif Brundage decided that the execution shoud not take place until a quarter (o twelve o'clock. During the interval this two clergymen already named were closeved with Buckhout, who, While sitting on his cot, with head bent forward and hands resting on his Enees, listened atientively to their exhortations, not for @ moment, how- ever, displaying the slightest trepiaation at the approach of the dread scene which was to forever close his eyes upon the world. In answer toa re- mark made by one of the clergymen Buckhout said that ne felt he could “iey down as a littie child and say, “Phy will be done |’? When the hour of eleven o’ciock arrived @ despatch was received by the Sheriff trom Governor Hofman stating that he would not interfere in the case. In a few minutes thereafter Benjamin Buckhout entered the cell for the purpose of taking farewell of THE DOOMED MAN, The interview, which was a most affecting one, did not disturo the feelings of the prisoner, who looked as though he would like to have shared ue anguish of his almost heart-broken brother. ‘Lo the | latler Bucknout firmly, though sorrowiully, said, “We shall soon bave to part company.” While wringing the hand of his brother at parting Buck- hous sald, wih calmness, “Goodby, Len; you will remember me,” and then pvecame silent, wile nis brother hurried from the sad scene. At hall-past eleven o’ciock Sherif brundage, carrying his insignia of authority, entered the cell and iniormed buckhout that. the momentous hour had arrived. The prisoner in- stantly Juinped tu his leet, and cheeriully sabmitted to beiag pinioned. ile was apparently about lorty years of age, nearly Six feet high and weigh- lng, perhaps, one hundred and ninety pounds. fis dress cousisted of a mixed gray Coat and pataloons, with black silk vest. When THB PROCESS OF PINIONING had been completed Sherif! Brundage directed De- puty Sherif Miller to read ihe death warrant, which the latter did in tones tremulous with emo- ton, Outside the jail and within the enclosure were assembled about three hundrea persons, including Court House officials, special deputies and other privileged persons, besides severai members of the city aud county press, The melancholy proces: sion left the cell, preceded by the Sherit and Ins deputies—Pord, Bunks and Miller—followed by Buckhout, who walked firmly between the two clergymen, Drs. Hodgson and Schmidt bringing up the rear. There was au oppressive stillaess im tne jaul, nearly all of the other prisoners crouching 1m their cells, being fully impressed with the fact that One of (heir nuuiber Was on Ms journey Lo eternity. On passing out of the door one of the prisoners, Who was acting as an inside seninel, THREW HIS ARMS AROUND BUCKHOUT, embracing and Kissing nim fervanily, which salu- tation was ardentiy returned by tie doomed male- factor, Buckhout’s stoical appearance and erect pearing evidenuy took the assembiage ourside by surprise, and sofio voce expressions of adwiration and wonder a: bis firmness and calm demeanor might have been heard on all sides, When standing under the gallows Buckhout re. mained unmoved while prayers were veing offered Sor his eternal welfare, the only symptom Oi weak- ness lie showed Was in @ uervous twitching of nis right hand in an effort to grasp the lower portion oi hus coat, When the last prayer had been con- cluded, Sheriff! Brandage in a kindly manner asked Bucknoat if he aesired to make any remarks. He replied tac be had nothing tw say, except wo wish him gooa by. He then — shook hands with the Shernr and otners standing near, maintaining the utmost composure througout the trying ordeal. The List with waou he shook hands were Francis Larkun, his counsel, and District Attorney Briggs. While grasping his hand the last-nimed genueman said, | Teetingly, “God save you, Isaac; God biess you;” to which Buckhout replied, “1 have put my trust in God and 1 feel that he has iorgiven me.” Deputy Sneriuf Ford then adjusted the biack cap, and in the next mstant, at 11:45 o'clock, Sherilt Brundage with an axe severed the cord by which Lhe weights were suspended, and the body of Buck- hout was swinging in mid air. Alter nanging nine minutes the pulse Ceased to beat, and at four- teen and @ half minutes after the rope had veen cui circulation stopped, After hanging twenty-four =minuies body was lowered into a comin and delivered to the friends of the de- ceased for burial, Althougn the neck was not broken, Buckhout’s death was comparatively easy, owiug to the efficient manner in which the execu- tion had been carried out by Sheri! Brundage and his deputies, And thus has ended the Sleepy Hol- low murderer. SIOKES’ GRAND JURY. An Absent Juror and Consequent Adjourn- ment Till Monday Next. ‘The Court of Oyer and Terminer opened as usual yesterday morning to take up the case of Stokes against the indicting Grand Jury. At the adjourn- ment of the Court om the previous day leave was granted to one of the jurors to attend a funeral, and the time of assembling was, in consequence, fixed for an hour later than ordinarily. At haif- past eleven Judge Cardozo took lls seat on the bencn, the court room being then aimost as crowded as 00 the first days of the excitement in the case. THF PRISONER ‘was strongly guarded as usual, though he enterea the court room with quite a sell-possessed and satis- fled demeanor, but on meeting the Curious gaze of the unexpectedly large audience, he at once suc- cumbed to the terrible realities of his situation, and for the short time the Court awaited the arrivat of the absent juror he but rarely, aud then furtively, glanced round the room, ‘ TWELVE O'CLOCK ARRIVED but the absentee stili held aigof. Several surmises and specuiauons floated around, not the least im. provapie veing that Mr. Nicholsun, who caused ail ihe wondering aua Waiting, had got tired of the farce in Walch he was au actor, and having no fear of the ponishinent attending “contempt of Court,’ thougit be would not attend at all, at least for one day—the change from grave to gay—lrom his presence at funeral rites to his ob- serval of bis rights and duties as a juror on suci an occasion being tvo mucn for him. While all were epgaged 10 discussing the pros and cons and con- Nouatly turning weir eyes to the private entrance to the Court room some little diversion to the strain of expectancy was caused by tie appearance of ibe COMMISSIONER OF JURORS, Douglas Taylor, who should have been the principal witness 48 to the manner in which the Grand Jury was empanelied and sworn, bat that he was av- seut, only returniug to the city yesterday. OFVICIAL PATIENCE atlast became exhausted, and Judge Cardozo de- termined on an adjournment. Addressing counsel he said:—‘“Gentiemen, there is one juror absent stil. J do not know that you will be ably to make much progress to-day under these circumstances.” COUNSEL FOR THe PRIsONeR—Wasting ume here on @ mere contingency seems to be nard, Judge VakDoZO—The better plan would be to ad- journ untli Monday and send notice to the Juror in the meantime. ‘The District Attorney acquiesced, and His Honor directed Mr, Valentine, Court Crier, to ascertain the residence of the juror and notify lim to ve in Court at hall-past ten A. Mt. on Mouday. The Court was then adjourned. ARKIVAL OF THE ADSENTEF. i The rest of the jurors and not halt the audience had cieared out wnen Mr. Nicholson arrived aud took his place, He appeared greatly surprised at the sensation he was evidently creating, and has- teued to inquire Into the cause, His explanation 18 that he thought the Court had teen adjournea to twelve M. to-day, and that ne was absent in the in- terval in Connecticut on business, RIVER THIEVES. The stip Nimrod, lying at pier No. 46 East River, was boarded yesterday’ morning by four river thieves, Who siruck the watchman, James Grumley, on the head with some blunt instrument and tn- fiicted several wounds upon him. They became alarmed at the watchman’s cries ior help and made their escape m boats, Grumley was sent to the Seventh precinct station house, Where his wounds were dressed by Lue police surgeon, and afterwards sent home, THE FOSTER CAR-HOOK MURDER, Decision of the Supreme Court, General Term, Upon the Writ of Error in Foster's Case, Conviction of Murder in the First Degree Affirmed by the Court. Opinions of Judges and Brady. Ingraham The car-hook tragedy 1s slowly but surely reach- ing its closing act. Unhappily, like most modern tragedies in real ife, the public Interest does not deepen as the dénouement draws near. In whe first act—the arrest of the murderer and the coroner's inguisition—the public attention was roused toa pitch of most absorbing interest. A like engrossing interest was felt in the second act—the trial of the prisoner, his conviction of murder in the first degree, and the sentence of death passed upon him ‘These acts came in quick succession, Then tho curtain fell for a while, and then followed a long intermission, Public mverest was distracted thereby. In the busy, bustling Ife about us, how- ever, other dramas of even more exciting character Were put upon the siage. Foter, in his prison cell, has been for a time forgotten. ‘This may or may not be part and parcel of our vitiated ideas of the value of human life and the propensity of making the blood shedder the hero of the hour, at the ex- pense of his poor victim, but it is Jamentably the truth, notwithstanding. Seven months of an intermission passed, and yesterday the cur- tain again rose, at the opening of te Uird = act—the decision upon the appeal to the Supreme Court, General Term, upon the stay of proceedings granted by Judge Pratt on a writ of error. ‘The Court refused to grant a new trial and affirmed the judgment of the Court below. There were not @ half dozen persons present In Court to hear the result, Of course the next act will be car- ryig the case to the Court of Appeals, We give below jn full the opinions of Judges Ingraham and Brady. Judge Barnard, who constituted one of the Judges of the Court, comcides with the other Judges, but presented no written opinion:— OPINION OF JUDGE INGRAHAM. The prisoner was convicted in the Oyer and Terminer of the crime of murder in the first degree. A writ of error was sued out to this Court. Upon the argument of the ease a winglo uestion was presented to us arisiag from the reusal of the the Judge to charge as requested by the prisoner's counsel. ‘The kullng was prodaced by one or more. blows with a cur hook on the head of the deceased. The J charged the jury that on the indictinent they could convict of MURDER IN THE SECOND DEGREE He was then requested to charge the jury that on the indict- Ment and upon the evidence the jury coud convict of mur- der tn the second degree. ‘This was refused and the prison- er’s counsel excepied ‘The Judge was also requested to charge, “Ii the prisoner killed the decoased by an assaut upon him with a deadly weapon, with the intent to maim the deceased, but without any desixn to effect death, such killin would be murder in id dexree.”” ‘Tuts was refused and exception also noted, ‘These two requests both related to the question whetuer the evidence warranted th that the jury might convict of murder in thy second ‘The definition of murder in the second degree 13 a8 Lol “Such killing, * * * whea perpetrated without any design toeifect death, by a person engaged in the commission of any felony, shail be murder in the second degree.” It was contened by the prisoner's counsel that ir risoner oniy tiie Ceceasod, and not 10 kiil fim, then the siatute applied to this cage, and the Judge erred in refusing to charge as requested. ‘The question necessary to be exam- ined in the decision of this polat is what is meant vy te term “aay felony,” and whether it can be the OFFENCE OF STKINING THE BLOW which produced the death, ‘This has been examined in seve- ses to which 1 will refer, It was discussed by tho Judges in the case of The People va, Rector 19 Weed, 560, 605), althoug case was decided on other grounds, Judge "there 1s no .pretence that the prisoner, while riot or other tmlsdemeanor not amounting to the decoased by misadventure. He was en- of iilegaily beating the lec ied to do, and whether he designed to kill or not 1 think the Judge was right in holding ‘that the desired tnatruction was inapplicable tu the case, Such a charge could only be proper where the ac- cused wax committing or — attempting to commit some other offence than that of intentional violence non the person killed.” And again, at page ts, he says:— I'he prisoner's counsel rely on the article relating to manslaughter, which declares that tue «illing of a human ‘being withgiy a design to ellect a death, whe the accused ia engaged in the perpetration ot any crime not amounting to felony, &c., shall be deemed manslaughter in the first degree. Th tion only applies to that clasa.oi cases where the a other crime or mu or misadventure harm. It has }, while engaged in committing some lemeanor, kills @ human being by accident 4 without any intent to do him a bodily NO APPLICATION where an attack either with or wituout an intent to kill is made upon @ particular individual. This provision of the statute Wan again under review in The Peopi atler Packer's Reports 377, 384.) Strong, f ay jed hia wife’ by violent means, no doubt prisoner ne wan enya the perpetration of an assault and battery, which if a misdemeanor.” But that was a part of the act itself wnicv constituted the principal charge, ‘The statute evidently contemplated some otuer imisdetneanor than that which is ao ingredient in the imputed oufence; otherwise that part of it relating to an attempt to perperrate a misdemeanor would be wholly ‘nugatory.” In The People va. Skeehan (49 Babuer, 217) the prisoner was convicted of murder in the second degree. It was held that such convic- tion Was erroneous, because there was no evidence to show that the accused Was engaged in the commission of any felony except the killing of Wright, for waich he was on trial. in Tue People vs. Thompson (41 N. ¥. Rep., 1) tho prisoner was convicted of inurder in the second degree, and the conviction was sustained upon the ground that no excep- tio: re taken to the ruingoa that point, It was adinit- - ted by Grover, J tue caarge Was erroneous in say- ing that the 'p could ‘be ‘convicted of musder in the second d ys:s“From the testimony fi appears that ‘hdant was not at the time he caused the death of Bailey engaged in the commission of an IY Was not, thereore, guilty of murder in the second é ‘These cases, with that of O'Keefe vs. The People 40 hew York, 383) establish the following ROLES APPOINTED APPLIGALLE TO THIS CASE. ‘rs(—That when an accused ia indicted for murder in the the jury may find him guilty of any lesser degree iiuing that of murder In tue second shoud 80 if Court to charge the jury that the evidence does not warrant a con- viction therefor. TAé/d—That it would be error to charge a jury that the ac- cused could be conyicted of mucaer in tne second degree or manslaughter in the first degree where the only feuny or misiemeunor proved was the Diow which cuused the death of tho deceased. Fourth—That to warrant the instruction asked for in this wary that the evidence should show that the waged in the commission of wome other which caused the death, The application of these rules to this case is DECISIVE OF THE QUESTION which has been argied against the prisoner. The attempt to maim the decease}, which is urged by the prisoner's to bo the felony wilich the prisoner was engaged ting, was the blow which caused the death of the In regard to that blow the jury had been mst there must be intention, deliberation and premeditation ve fore striking the blow. If they did not believe that Foster hada PREMEDITATED INTENT TO KILL then the charge ot murder In the first degree falls. ‘They were aso instructed that they might find the prisoner guilty Of any lesser degree, aud it they had any douvt as to the de xree it was their duty to convict of the lesser degree. We think these instructions were as favorable to the prisoner ag could be required of the Court under the evidence, and that there was no error in the refusal to charge upon tle pulnt to which exception was taken, Judgment should be atlirmed. JUDGE BRADY'S OPINION. ‘The justice presiaing on the trial herein charged that if the jury found that the prisoner's sole intent was to commit an ass-vult and battery the deceasea the resuiting death was not more th anslangh'er in the trst degree and, further, that on the {indictment the jury could convict of murder in the second degree, He declined to ‘charge that on the indictment and upon the evidence the jary could conviet of murder in the second degree, and also to charve that if the prisoner killed tie decease? by an assault upon him with a deadly weapon, with the fotent to maim him without any intent to eect death, such killing was murder in the second degree. The theory upon. whieh the couneel for the prisoner rest their right to these instructions is that if the prisoner, when he struck THE FATAL BLOW intended oniy to fracture the wkuil of the decensed, be dict to kill but to maim; and, Jatending to maim, he ged in the commission of @ felony. Agsuining that an iniended fracture of the skal by personal violence wonld be a felony, it 1s Dot the f ad by the statute relating (o murder in the r It must be distinct from the kuling aud nota partot the act by which that 1 accomphshed, or of the act which constitutes the principal charge, [think it is afair ericism upon the propusition of the prisoner's counsel to say that an INTENTION TO PREAK THE SKOLT. and to kill are almost Identical. It is (rue that men injured by such a fracture bave recovered, but that depends so much upon th in expert manipulator Alierpiing the experiment, with all the aid that scleace Could furnish, could not, 'y violence well planned und weil exceuted, percorm it with auy certaloty that ft would not resuit in deatu. The chance ence is exercised with such a design, without skill and without cone Of the manner in which it ie (0 be done, and with a from bad tinpulee wor tremely bazurdous that it ought not to be countevanced as an Jen PLEMENT OF CRIMINAL JORISPRUDENOT in the connection suggested. Au intention to commit an act #0 Inuminently dangerous in ft#elt should not be allowed o Keparate and distinct piace trom the Intention to kill, Tt should be quite sailicient in auch a case to Jeave the qu to the jury whether tie accused intended to eect deat in that way to give bim the benetit of any doupt that exist on tl ‘The prisoner had the benetit of st ch an instruction, and also that uncer the indictment the jury might find him guilty of murver in the second degree. 1 con- eur, therefore, in the conclusions at which Chiet Justice In- grabam bas arrived as a PROPER INTERPRETATION OF THE STATOTE and statement of the resuit of the cases to which be refers, I think it may be suid also, with great propricty, that the charge Was as favorable to the prisoner as the facts and the Jaw Warranted, and that he was not entitled to tions which were asked on his if and ret was evideace showing that he was under the intl Iiqdor at the time of the occurrence, and upon tha the Jury Were instructed by the Justice prestumg as tuily a favorably ws allowed by the Iaw, and although they did not J a’ to be ineapable of acting onsivie, they themselves Tt was HE ONLY MITIGATING OLROUMBTANCR connected with the murder) and undoubtedly prompted this act of clemency, With that we have pothing to do, Tue fympatuy of the jury was excited, and perbaps it was nat- ral tat it should be, bat On such OcCasioNs that emouion may weil be extended to the FAMILY OF THE DECRASED, who are violently, without just exuse and without notice or warning, deprived of @ relative, husband or father, tow: ever that may be it fs not at ‘ail likely (hat the Courts will recede from the proposition that when fntoxi- cation is beid up as m soled it must be such as to deprive the offender of the power to act trom motive. It is a dangerous element to favor in the administration of criminal justice, however proper it may be for the consideration of ihe Fxecutive on an application for mercy. It would be diihenit to conjecta what it would iead ji any otber rule were adopted by the Courts, ma him #0 inuch intoxicat makes him DANGEROUS TO 8OCIETY, he must bear the burden which his indiscretion may impose. This rule may seem barsh, but to the thoughtful or reflective it must commend itself as an important safeguard to the Tights and lives of our peopte. he Judgment should be allirmed, Foster will be sentenced again on Wednesday next, and then, as intimated above, the case Will be carried to the Court of Appeals, ou appeal from the decision of the General ‘Term. GRANT? AND GREELEY. The Sage of Chappaqua in Philadelphin—A Few Words About the Presidency—Korney ad the Social Status Ring—The MeUlures Gray Comtest—Is Cartin Waiting To Bo Called to Pennsylvania ¢ PHILADELPHIA, Feb, 14, 1872. ‘The quiet that pervades the Cotonnade Hotel in this city was seriously disturbed on Sundav last by the advent Of no less a personage than tne Sage of Chappaqua, Hou, Horace Greeley, accompanied by Judge Avery and one Cainp, a present or tormer attaché of the Zribune. People wondered what brought the lilustrious farmer to the Quaker City, and on Sunday, too! But their wonderings and vague surmises went lor naught, for the trio kept to themselves and were “at home” to none but ‘dis contented” republicans. Considering the demo- cratic instinets that nave sway 1n the breast of the Pphilosopner, who has often said that one man 1s as good another, provided always he behaves himself, this exclusiveness was the theme of general com- ment, Some went so far as to doubt his presence; the hotel register was covsulted and proved beyond doubt that ne was present in the flesh, for who ever attempted to counterfeit that signature 1s at once a Nar and a traitor, and no one ever attempted it, “M)CLURE, THE DISCONIENTED,” appeared at the hotel in the afternoon, and was not acnied aamittance, What transpired during his visit has not been made pubic, nor will I attempt to guess, it 1s asserted by inen who ought to kuow Vat Mr. Greeley 1s marshalling @ force of “Grant busters” from the crowd of ambitious politicians of both parties, and among them are such men as Mc- Clure, Benjamin Brewster, Lewis Cassidy, and Cur- Un even is spoken oi, With bis organization fully effected and well in hand, it is said he proposes to seratch their backs wita a frivune quill, and they 1m turn are precaed to uckie ms Vaulty with tae Vico Progidenital pudget—a very pratty joo as it stands. ‘There 13 hardly a douvt that Mr, Greeley, wilt the tribune wafuence promised as an inducement, can capture some pretty shrewd co-operators, aud were are enough idle and oiticeiess—if 1 may be allowed, to cou a Word—lo jump at anything that promises power, Office and plunder, J have been told that Curtin is Kept posted on all the political moves of consequence thas are being made, and at the proper me he wil resign his position at St. Petersburg and revora. Vie season 18 ripe for revolt, and as Ue Cline draws near lor tae nominations to be made there 18 @ general auxiely on the part of all politicians to know Whose names Will go on the slate. Mr. Greeiey has time and again helped Ms party, but just so soon as he atwempts Lo help himself tue aces tura up lor his opponents, and ithas been suggesied that the best thing caat can hap. pen toGraat 13 to have Dr. Greeley opposed to him. 4 don’t tuink Grant 1s #0 well satisiicd to have such men as McClure or Curuun — fight- him, The later, to keep nim vat the way, was given the St Peters- burg missivn; but his brain is just as Acie, aithough his influence 1s nob ever present, a3 i was berore he went, MeoOlure ts ls right bower, aud there is not @ move made by Meciure tat 13 not sanctioned at headquarters, George Wilkes 18 another discontented, active, schenuug republican, The infec.iou is caiching., Forney de- Slred the election mcClure to the State Senate, Whether 1b Was because Lie word reform stood at the head of the ticket, or, on the contrary, tuere were certain fish to fry, 1 know not. Suitive 1¢ that is endorsement of McClure did not meet tne warm approval at Washington that he might possibly pave biked; and, i 1s said, @ message from Grant reached hun one day, conveying @ hint tab McClure and Grant and Forney could mot trata in the same company. Forney resented the meddiesome luterterence, and offered Mis resignation that he might “give lus un divided attention to his paper” —+ @, that he might be Unirammeiled and iree to act us ne thought proper wita regard to State and national politics. J lave the fatutest suspicion that Forney, who 1s a gentieman of excellent common sense, Is heartily Sick of the naimby-pamby soclal status ring of this city what ‘run’? che President every ume he comes here. it is wanecessary to go tuto paruculars at tis time as to wilo tey are; that, L take it, 13 weil enough known, Mr. Forney is not tie mau to be dictated to Unrough any such cianneis, and Granvs recent tnterference in the McUlure matter, if he did interiere, 1 doubt not was dictated by lis “warm personal iriends” of tne Quaker City. In a fit of disgust the ex-Collector tendered lus resigua- uon, There is no doubt sn my mind that Colunel Forney is iricndly ward the President, but like many others he 18 obliged to sever ils oillctal connections on accouut of the “warm personal irlends” and some uniortunately seiecied advisers the President has around hun, TU RBTURN TO THE FARMER AND LL.D. Mr. Greeiey Kept als 100m nearly all day, writing letters and noluing short couterences wita friends, Whether the battle that 1s Lo result 1 overthrow to the soldier-President was plauoed that day the future must develop, His countenance indicated nothing but the biandest smile of Calidhood; tae hail- edged sunper of guiieless iunocence, No one could judge from that counvenance whetuer le pondered on the Mowing Of its cabbages or the riding of the cows Lo Water; wuetier ledgerows suould be planted with @ drag or sown broadcast to the wind with & thrashing machine, He doubiless knows what ploss ave been consummated, what resoiu- tions will startie the world ere many moutis, but — let us not anticipate. THE M’CLURE-GRAY CONTEST, There Is not an intelligent and unprejudiced man in this city bub 18 not assured that McClure was honestly elected vy the residents of the Fourta Sena- tortal district; but the in(amous Registry law that is m force here gave Gray (he tusie track, lor, being in “the Ring,’ he was protected by ue in- spectors and every oilicial Who bad anything bo do atthe polls. The contest tor the seat Waxes not, and the indications are that Mcclure will get ins seat. In addition to the contess at Harrisburg, McClure’s Iriends propose to Investigate tue trauds by which Gray was elected (*), and to this cad nave issued the following notice HEanquakrens Rerustican Rerorm fan | 144 SOUTH SIXTH STREET, PuILADELPHLA, Feb. 1, 1872, MOBT BIARTLING FRAUDB. Information has already been received to warrant the com- mittee in assuming that the most unblushing trauds were perpetrated to insure the election of Mr. Gray, amounting in ‘the aggregate to several thousand votes, ite ioteaded to investigate these frands most thoroughly, and we cail upon every qvod citizen to furnish us ail the in- formation he can attain relative to violence and irauds of every kind. . ‘The rewards announced by this committee before the elec- tion—viz., $50 evisence tha: will lead to the conviction of every illegal voter, aud $600 for information that will iead to the convietion of any election officer who has falsilied the returns—wili ve promptly paid. Citizens of Philadelphia, this 18 a contest for your property, your safety and your Lonor, and it demands the co-operation of every honest mait. By order of the committee, y BARTON H, JENKS, Chairman. J, H. T, JAOKSON, Secretary. Philadelphia has a spasin of “reform” which 1t is to be hoped will continue, A RAILROAD COLLISION. More Telescoped Cars—Kainl Injuries to the E ineer—Four Car Londs of Live stock Killed. Prerspura, Pa,, Fev. 16, i872. A collision occurred on the Connellsville Railroad, at Clayton station, yesterday morning. Two freight trains telescoped, and the engineer of one of the trams, named J, Nurterry, was fatally injured. Four cars, containing bye stor ‘kK, Were wrecked and the apimals killed, Tne disaster was caused by one of ine trains stopping for water without displaying a signal, The matter Will be investigated, Two Freight Trains Demolished, Sr, Louis, Feb. 16, 1872. Two freight trains on the Iron Mountain Raljiroad collided last night some eight or ten miles from the Cmte it cars and both locomotives were wrecked, but, It 14 staced, no person was injured. The cause of the accident has not seen ascertained, VIRGINIA, Colonel Jenkins Arraigned Before the Bar of the House of Representatives. RicHMonn, Va., Feb, 16, 187. Colonel John W. Jenkins was belore the bar of the House to-day to answer to the charge of con- tempt in refusing lo answer certain questions rela- Uve 10 the passage of the Funding bill. ie was al- jowed to Speak in Lis own deience, bui no further action was taken, Colonel Jeakios’ fui statement exonerates General bradley 'T. Johnson from any connection with tie passage of the bill, and s noWs that he was abseat from the city during the contest over li. ‘The money received by Generat Johnson trom Jenkins was for a legal argument prepared by the iormer some time be‘ore on the State debt, THE CATHOLIC TEMPERANCE UNION, Archbishop McCloskey, having been waited upon in regard tothe Metropoiitan Temperance Union, lately by the established societies of the archdiocese of New York, yesterday communicated to the commit. vee, through his secretary, the Rev, Fatuer MeNetr- ny, the imieliigence that he had looked over their plan of constitution, and approved hearuly of their project and wished the delegates success, uwing to the faugues incident upon his parucipa uon in the obsequies of Archbishop Spalding the Archbishop delerred a formal recepuon of the de- pulasion until Tuesday evening next. Mr. Alex. ander Patton, chairman of the commitiee, was authorized vy Dr, McNeirny to convey Ue heartest encouragement to the State Convention im Trans figuration flail, corner of Mott aud Park streets, to-morrow alrnoon, 5 THE BAR ASSOCIATION. A Wholesale Investigation To Be Held by the “Jadiciary Committee” on the Cone duct of New York Judges, Spicy Developments Expected—The ‘Committee on Extortions” to Overhaul the Sheriff's, County Clerk’s, Rogister’s and Surrogate’s Offices—The Legislative Committee to Meet on Monday—No Appropria- tion for Wines or Cigars. For weeks past ramors have filled the air tome eflect that some of the most prominent Judges on the bencit are to have charges preferred against them by the Judiciary Committee of the Bar Asso- ciation of Uits city for malfeasance in office and for corruption, as well as for other offences AGAINST THR DIGNITY of the judicial ermine, These rumors are fast bee ginning to assume a consistency, and the appoint. ment of a Judiciary Committee of the New York Legislature to investigate the charges which it 19 believed wili be made by the Judiciary Commit. tee of THE BAR ASSOCIATION gives color to the rumors that about lavely without any definite peariog. The names of Juiges Barnard, Ingraham and Car- dozo have been associated with these oft re- curring rumors, and various stories are told thas are not very creditable to some of the parties con- cerned in the specified charges, At present it 1s much too soon to attempt to give any minuie details: of tho charges, besides it would be unjust uptl & Tull, free and impartial investigation ts nad in each Separate case, Some of the judges are charget with have floated THE MOST FLAGRANT BRIBERY, and are said to be guilty of the most corrupt an& shameless conduct while receiving large salaries: from the people whom they were sworn to protect and to administer the laws faithiully, The names of the Judiciary Committee appointed by the Legislature io meet in this cliy next Monday; night and investigate these very serious charges are: as lollows:—Mr. Prince (lawyer), Queens county; Mr. Strahan (lawyer), Orange county; Mr. Flammes (lawyer), New York cliy; Mr. W. H. Niles (lawyer), Westchester county; Mr Vedder, Jamestown, Chautauqua county; Mrs. J. ‘Tilden, of New York clly, and Mr. Hull or Mr. Hayes, . SPECIAL CHARGES WILL BE MADE against several judges, and some of the most prominent lawyers in the city will be summoned w testify to their Knowledge of the alleged corrupt practices of the judge ‘The duty of ihe Legislative Committee will be, after having made proper investvation, to report back to the Assembly Whatever fluding they make in the premise the Assemoly cau iinpeach any Judge on char ubstantited against then BY A VOTE OF SIXTY-FIVE BALLOTS, Tf impeached the judges will thea have to go for trial before the joirt Court composed of the vench of Judges of the Court of Appeals and tne State Senate at Albany. The judges are entitled to & hear- ing before the Assembly on their own Dena defore the decision of impeachment 13 rendered, 1 auy such can be reached in ihe coming trials, In case Charges are preferred agalast Jniges Bare nard, ingrauam and Cardozo they can only be heard {or odences committed curing the terms of oilice up to the present time, commencing with tie day on which each judge TOOK HIS SEAT ON THE BENCH, which is as lollows:—Judge Barnard. January 1,. 1869; Judge Cardozo, January 1, 1563; Judge Ingra~ ham, January 1, 1860, ‘Tne latter judge bas been on the bench since nd has growa grayin the duties of his liugh office. Tue Chairman of the Judiciray Committes of the Bar Associaiiou ts Mr. Wheeler H, Peckaam, of No. 18 Wall street, in this city, This gentleman is & lawyer, and QUITS A CHARACTER IN HIS WAY. Mr. Pecknam has an idea in his head that he can- not be inierviewed, and yesteraay, when & HERALD reporter caued upon im to procure some iniorma- tion a3 to the business of the committee of which he ws Chairman, he found Mr, Peckuam reiresh: ing his great legal mind by a perusal of tue New York City Directory, whose solid pages are so weil calculated to bring OL ‘tO THE TROUBLED MIND, Mr. Peckham, feeling ms imminent danger of being interviewed, never look iis eyes of the Die rectory While auswering the questions puc to him. He sald that whatever he might know about the any reporier, yebhe never t hand, He advised the reporter, however, to con- suil THE BLAND MR. S. J. TILDEN, of No. 14 Wall sireet, wio 13 on the jeyisiative Ju- diciary Committ bul tae biand Tilden nad not arrived in town, and wil not leave Al- bany until to-nignt. The committee will meet in this ctiy on Monday next to take tesumony against the judges, and it is believed toatl the Pabhe will not be admitted to tie sessions of the committee; but the press are to have special privueges and wWili be admitied, The ¢ will begin tueir labors about Monday afternoon next, aud spicy developments may be expected, in which some of those who hold thelr heads 12, THE ODOR OF SANCTITY at present will be compelied to face the bar of public opiuion for good or Lor i, COMMTTLE ON EXYORTIONS, THE The Mberifl’s Office, County Cler /s and Regise “ters Departments to be Overhaule What 1s Known as the Committee on Extortions, or Special Comiiutice of the Bar Association, is now working very energetically to bring about radical changes ja various departments of tne city govera- ment. Their efforts are chiefly directed towards rec- ufying the evils which they allege exist in the offices ot the Sherut, County Olerk, Register, Surrogate, Public Administrator, as well as to remedy certain abuses, claimed (to be carried on in the levy- ing of taxes and assessments; also in the offices of the deputy clerks of various Courts, clerks’ offices of the Marine and Civil District Courts and United States Clerk’s office. A meeting of the association will be held on Tuesaay evening next, when the report of the special comumuttee, of which Mr. Dwigit Olmstead 18 chairman, will, if com- pleted, be hanced in and read. A representative of the HERALD visitea Mr, Olmstead yesterday and conversed witn him in reference tothe proposed action of the committee, Nothing of a definite ciaracter has as yet been determined upon, but the report to be submitted will provaviy urge tue ree peal of all preseat existing LAWS HEGARDING and will doustie-ss recommend enactments for & new Fee bill for tie entire State. There will also be further suggestions, that all ofices be salaried ones, in accordance with the recom. mendations of the government; that all fees should be the smatiest amount consisient With the servi reudered, and should be paid to an officer waose sole duty sould be to receive boem, 11 1s contended chat such a systema would at once remove ali vickeriags With deputy sherifs and others with regard Ww ther fees, On tite ober haad, however, 1 scems Untat tne fees allowed by law to deputy sneri(is Would not, uf strictly adhered to, pay their gas dtils, and that tue system as pow understoud has growa nto AN &STABLISHED CUSTOM, a departure from whic would make such an office not worth acceptance. The tees charged by some of the deputy sneritis are donytiess considered ex- tortionale, DUE It Ls Clumed Laat suck 1s an excep. tion to the general rule, wud that, im fact, the abuses Which In years gone by characwrized the wiminisivation of te office have beea discon. unued, cach deputy veing held to a strict accountas bidiy, Many of tuem would douotiess preier a regular salary. !¢ 1s generally adinitted that the reguiar legal lees, Which are merely nominal, would Hol meet One Uthe of tie expenses of tue Sierif’s oitice; 80 that it has long stiuce been found neces sary to establish a system by which tae services of those einpioyed should be jatrly remunerated, At aitevents, the cominittee are Unuer tue tmipression that the matter requires investigation, and accord. ingly the subject wilt doubtless ve embraced in the report, Another point to which tue, committee wil probably inake 1s toat of LIENS ON REAL ESTATE. It is thought that a reduction of Liens 13 necessary; that they sould ve flied in one oilive tastead of & | dozen, and that many of tie leas saould be abol- ished altogether. ‘The effect of this change would, it 18 considered, facilitate the trausiers of real estate, AS matters now stand the examination of ttle 18 attended with much trouole and expense, ab Jeast 80 it 13 aiueged, Whe the gg so far as the engrossing goes, issulag from tae hegisters oilices, 13 complained of Ina word, the committee will probably report particularly ou what they claim as extortionate charges in tne various depart. ments referred to. Whether the report will De sia mitted to the association on Tuesday evening has not yet been decided, though siouid it be completed in Ume it Will doubtless ve presented for discusslods STABBING AFFRAY. About haif-past five o’ciock last night James Crowden, aged sixteen, of 120 Kast Portieta street, aboed the right shoulder by Hionare: titiot ot 9 Bast Thircy-seventa street, ‘The injared man was atvonded by De. Purdy aud leit for home, No arrest bas ad vet been Lhe polices Ly