The New York Herald Newspaper, March 7, 1872, Page 5

MAYOR HALL. ANOTHER DAY OF LEGAL CONTROVERSY. Protracted Argument For and Against the Admissibility of Evidence, IMPORTANT RULING BY THE COURT At the opening yesterday of the Court of General Sessions, held i the General Term room of the Com- mon. Pleas, Chief Justice Daly presiding, all the eounsel engaged in the case ef the People against Mayor Hall were in prompt attendance, The pro- ccodmngs, notwithstanding that the whole session ‘was consimed in legal arguments, were of an 1m- pertant character, the principal question at issue being the admissibility of the Garvey warrant for the payment of $400,000 as evidence. Judge Daly gave an important ruling, sustaining the views of counsel for the prosecution on this pomt. Subse- quently @ series of objections were submitted by @efendant’s counsel, all of which Judge Daly sald ‘were not technical but proper legal objections, af- fecting very materially the whole case, OPENING ARGUMENT. Mr, Burrill, in referring to the production of the ‘Warrant as evidence by the prosecution, stated the @byections of the defence thereto; that the mtroduc- tion of secondary evidence was not admissible in @riminal cases except where the paper was in the Possession of the defendant and he refused to pro- @uce it, or where he had destroyed the paper, or where the paper had been in the care, custody or possession of the party against whom the charge ‘was made, The Court—i understand the rule to be much broader than that, and 1 wonid like to nave it 1ully argued. My tinpressions are the otuer way; but I Will not make a decision at present. In Greenleaf, vol, Ii., sec, 107, I find the following:—“If the writing sald to be forged is m existence and accessible it =omuss =e Prodaced at the trial; but its absence, if it pe proved to be in the prisoner’s possession, or to have been @eatroyed by him, or otherwise destroyed, without the fault of the prosecution, 1s no legal bar to pro- @eedings lu tue trial, though it may increase the @ificulty of proving the crime.” Tnat language seems to me clear; but I shall be glad to hear arga- Ment on the question. Mr, Burrill deprecated, at the outser, the plea that this was a technical opjection on tue part of defend. ant. No one would suffer more than he by the loss of the original papers in question. Mr. Burrilt’ then again stated his former ground @f objection. If tis Honor looked througn the authorities referred to in the elementary books he would find in each case that one of the three sup- tions he had made were proved. As an example Burrill instanced the case or ‘The Peopie vs. Hol- brook, 13 Johnson, in the State of New York, and 2 Mason, 464. In tne latter’ case there was an indict ment of torgery, and the Judge slated that the evi- dence warranted the supposition that the paper had Deen fraudulently destroyed by the defendant. Counsel bad consulted many gentlemen in criminal practice im regard to this question, and the invaria- le doctrine laid down was that which he had stated as the ground of Is objection. The Court—So ‘ar as my own memory goes I can Fecall no case except such as you have vited. But the proposition in the elementary books 18 broader .| than that, Suppose, in a case of forgery, the Dis- trict Attorney’s office 1s burned dowa, where the forged instrument is, and it is thus destroyed for- tuitously, without any instrumentaitty on the part ©f the prosecution or of the accused. That illus. trates (he proposition as laid down in Greenieaf, @nd the question is whether in that case the prose- eution couid establish the existence of the docu- = its destruction ey it ee 1t would ve by secondary evidence. That puts the propo- sition as I Gnderstand a Buriill introduced the case of a witness’ ‘The Oourt—There is a broad distinction between ‘the two cases, ‘I'he paper was evidence itself, but the evidence of a wituess depended on the manner in which it was given and many other circum- ‘stances. Mr, Burrill then argued the question at great Jength, referring to a number of cases, in all of ‘Which the facts were ashe stated them. Judge Daly red to each case as it Was ciLed, and conceded ‘the fact that Ley were as stated. he court—{ think you must remember the now made in the law, ana that tne defena- ant ‘2 now allowed to give testimony in his own behalf. 1 do not give any opinion about tiat, but it 19 8 Matter Which ought to be taxen into con- ration, aS affecting the stringency or laxity or ih eceiving testimony. Mr. Burrilli—Suppose man is indicted for ery. Your Honor says the defendant may FY as to the fact. But suppose he does not go on she stand. The law says that he shall not be prejudiced by that failure to give evidence. And Buppose a defendant were to goon the stand in a ease Of a countericit note, what can he say? The note 1s not there. He cannot say that 1 had Mr, Smuth’s signature, and that he saw tim sign, Mr. Smith says he never signed it, Where are you then? ‘Tae very fact must be determined by tne inspection of the document, aud the de/eudant 1s authorized te Dave that question tried by the jury upon other evidence than that of aman who may be imspired sonal malice or mterest, ir. Buckley iollowed in support of the objection. ‘This paper, said he, 1! 16 were to be regarded as a whole, or these papers, if they were to regarded as separated in distinct parts, having never been 1n tne ession of the Mayor, and not iost by his faut, and confessedly in the possession of anotner party, tneir contents could not be proved by parole, A recess was then taken. Counsel, on resuming his argument, said he con: fessed he was not an udept in criminal jaw, and ‘weuld not be engaged in tmis case out from strong —— convictions and from strong personal damp for the defendant. He had made diligent researches into the laws of this State to optain, if le, @ case analagous to this, bearing the admissibility of secondary evidence, but had been unsuccessiul, save m the Jound in the thirteenth of Johnson. case He called the attention of the Court to the opinion given in that case, where a principle exactly the Feverse of that attempted to be sustained by tne Eerecaion here was up ill, from motives of pub- icy, where a person 1s charged, as in this case, where tue supposition 1s .al the instrament 13 in the hands of the deiendant, then it is presumed that the defendant himsell, from bis possession of the instrament, is thereby enabied to retute the eharge and to establish its innocence. It is from ‘that presumed, that having the opportunity of prov- tng guilt or innocence, and ite neglects to do it then his action shall be regarded of that character which enables him to defy the law, and the prose. cation shall supply parole evidence for the non-pro- duction of the instrument. Counsel then referred the case of the State of Massachusetts against Snell. In that case the supreme Court of Massachu- setts admitted parole evidence—not because that the prosecution, under fortuitous circumstances, Was deprived of the opportunity of presenting, not betier evidence, but as a punisumeni on the de- Yendant for the obvious reason that the defendant ‘Rau entered into a corrupt and improper agreement ‘With his brother to make away with the lost instru- ment, The text of that case shows that the note ‘Was secreted by the procurement and with tne con- mivance of the defendant for his protection. The Gefence in this case has the right to. have conceded to it that the rule here co be followed must be made @ parallel case with the Massachusetts one, And need J say here, in this crowded court rovm, that mobody has ever charges, and there lives not the man who can be found to charge, directly or in- directly, the Mayor with the disappearance of these papers? if the defendant could have foreseen that Shese papers might have been stalen and destroyed he would have had a triple guard placed over them, ‘80 as to secure thelr appearance here for his justifi- Acation. ‘There lives not man—at ail events no man has as yet made bis appearance on that stand— who can ak or will undertake to speak as vo the contents of the identical claim which forms the subject of the indictment, or who wili furnish to the Jury evidence as to the elemenis of what that ‘was composed, or who Willi state the com| part of the papers which accompanied that ‘whether it yea properiy surved ae Wo say, OF Im erly audited, as they say. ‘For tis reason, Shao ‘Zooordance with the authorities which he had quoted, he contended that the parole evidence @tempted to be put forward was inadmissible. RULING BY THE COURT, Judge Daly, in ruling on the objections, sald:—My attention is called to the case of the feopie vs, Hol- Drvok, In the thirteenth of Johnson, because it 1s a famular opinion, written with the concurrence of the envire Court and not published im tae name of any one of the Judges, My attention is called par- Ucularly to this observation by the Court. The rea- soning empioyea applies with equal force to an in- @ictinent for stealing an instrumest, as it supposes it to be, in the hands of the deiendant, and he 1s apprised by the indictment to produce it to falsify Tecord against him. At the time this case was decided—the People vs. Holnrook—the Chief Justice ; the fos Sy of this ree was the same judge ‘ards pronounced the opinion Which has been read to The Court in the sixth Peters—Cniel Justice Thompson. So iar, therefore, he is responsible a8 a member of the Court for wis Particular opinion, 1¢ is to be taken In connection Subsequent judgment upon a point Presented im une Gours States, alter ne was elevated to that position, and where the case came upon ‘Tae Court which tried the case hav ing divided upon the point, the case suouid be de- termined with accuracy and ease—witn that accu- Facy and case which 1s always essential on the part of @ tribunal in @ criminal case invoiving either Mfe or liberty, Chief Justice Thompson, we Sdvo- cate Judge of the supreme Court of the United States, in ta hanes of the eae States va. Rey- reall m8 80 precise and comprenensiv that {am relieved of the necessity of adding aay reasoning pf my OWA OF Glog Any niug leriuey NEW YORK HERALD, THURSDAY, MARCH 7, 1872—TRIPLE SHEET, - ‘tn og, in my 70 storstrang’ cats for ine apple Cation of the Rorefore, simply content tmysel! with i | i i vessel should be pro. and give evidence oft, the language :—“We think the On the con- has bee! lence of their contents, THE WHOLE QUESTION, elieves me o/ the necessity of giving any par- jar reasons of my own for the rule nere stated. ua My impression at the outset was that the rule was as comprehensive as I have sn juently found it Stated in the elementary writings. a3 OW been Sancuoned by, what I consider the authority of an adjudged case by the highest tribunal in the land, and we must accept that authority as final. Mr. Burrill then rose and took exception to the ruling of the Court ag delivered. The exception was allowed and noted, Counsel then made the farther objection 0 THE ADMISSIBILITY OF THE WARRANT “that it did not pretend to prove the existence of any liability witich it was the duty of the Commuis- sioners of Audit to entertain,” Counsel for the prosecution intimated the wish that the defence should present all, its objections seriatin and at once, ‘The Court suggested that that would be the proper course, and that counsel should illustrate the grounds of objection to each as succinctly as pos sible. Mr. Burrili presented his THIRD OBJECTION, That the warrant did not pretend to prove that the delendant did not audit the claim; but, on the con- trary, it tends to prove that ne did auditit, and that such Is the legal presumption from tne face of that document, FOURTH OBJECTION. That if itbe offered to prove the evidence of a Mability which it was the duty of the defendant to auait it is pot admissibe, because the indicument contains no allegation im either count ay to we claim mentioned in it, or if it was a liability which came within the j ction of the detendant under the fourth section of the act. OWJECTONS TO THE WARRANT AS PRIMARY EVI- NOK, Mr. Barrill presented the following objections:— First, that no evidence had been offered to prove the existence of the facts which necessarily preceded the warrant—to wit, the presentation of tne claim and the jurisdiction and action of the Board of Audit; that the warrant 1s not evidence to prove the payment alleged in either count of the indiciment, because the payment is wholly immaterial and forms no part of the Offence of not auditing, or neglecting to audit, and for the additional reason that there 1s no allega- tion In either count of the ind:ctment that the claim was paid upon that warrant, or that it was nota just and honest claim against the county of New York; and for the iurther reason that tne alle- ation Of payment and the false certificate, as al- leged, are not allegations vf nonfeasance, but are charges of malfeasance, which would not be admis- sibie as evidence under the indictment, which merely charges an omission of duty; and for the further reason, which is applicable to both counts, that the indictment does not charge specifically the facts and circumstances consti- tuting the specific offence, nor shows in what particulars tne defendant neglected. his duties, The indictment charges generally that the deiena- ant wilfully neglected to audit, &c.; and further, that the indictment contains no allegations on which the warrant is admissible as evidence, And, LASTLY, that no evidence for the prosecution whatever is legally admissible under the indictment. ir. Burrill, in presenting these objections to the Court, said that they were not technical oojections, butsuch only as appeared to counsel for the de- fence emineatly proper and strictly legal. Judge Daly, m reply, said that he fully appreci- ated the weight and importance of the objections, but as it was now too late for counsel to enter upon nis illustrauon of them he would adjourn tac court. dl ‘rhe Court then adjourned till eleven o’clock this morning. DEPARTMENT OF PUBLIC INSTRUCTION. The Commisstoners of the Department of Public Instruction met yesterday in stated session at four o’ciock, Commissioner Smyth in the chair, and seven Commissioners present, A communication was received from the Mayor appointing Richard Knabe Trustee of Public Schools, Communications were received from the Trustees of several wards relating to the absence of teach- ers, repairing ana furnishing of school premises, &e. A communication was received from the Trustees of the Seventh ward asking for provision for tne pensioning of superannuated teachers in the ward, A communication was received from the T'rustees of tne Eignth ward nominating Jane 8. Hill as Principal’ of the Female Department of Grammar Scnool No. 20. The Trustees of the Seventeenth ward protested against the action of @ committee of the Board of Education in the case of Miss Lily Swayne, Miss Swayne having been removed from one position to another, and having appealed to the Board, A communication was received trom the Trustees of the Nineteenth asking for $12,000 to fur. nish @ new school buliding in the ward. A communication irom Vomptroiler Green showed that of the apportionment to the Board, $903,700, $180,000 had been paid, and reqaested that as great ony, a8 possible should he used in tue action of u oard. The Finance Committee presented various reports coacerning local expenses, A lengthy communication was received from the principals of the smalier schools in the city, pro- Testing against the law which makes the teacher's salary dependent upon the number of pupils in his school. ‘This communication took the ground that the principals of small schools are not responsible for the number of pupils, and that their work 1s in- creased instead of béing lessened by such smali numbers. This communication was referred to the Committee on Bylaws aud ordered to be printed 10 full in the minutes, It was resoived taat the new school building in East Fifty-seventh street, near Second avenue, in the Nineteenth ward, should be known as Grammar Scnool No. 59. A resolution was adopted providing that the members of the be present at the laying of the corner stone of the new Normal College, corner Fourth avenue and Sixty-eighth street, on Friday, Marcn 19. The committee appointed to revise the bylaws Teported the work completed, anu desired the President of the Board to appoint a day when the revision could be discussed and acted upon. Charles H. Balch was appointed Vice Principal of the Male Department of Grammar School No, 19. ‘The Committee on Sites and New Buildings re- quested permission to purchase the lot of ground adjoiuing Grammar School No. 23 for the use of that school, at the price of $20,000, The west uf the Trustees of the Tenth ward that Alexander Morehouse should be removed from his position as teacher in the ward was retused by @ unanimous vote of the Board, A resolution was introduced and laid over to the effect tnat Miss Lily Swayne be sustained in her rotest against the Trustees and restored to her jormer position, ~ THE HERALD’S HISTORY OF THE LOWERY GANG, 238 WkST EIGHTEENTH STREET, NEw YORK, March 6, 1872, } To THE EDITOR oF THe HeRaLD:— The history of Henry Berry Lowery ana his band of swamp outlaws, as told by your correspondent, is as interesting as any of the romances of Dick- ené or Carleton, those great delineators of English and Irish life. Even in any of the novels of the im- mortal Sir Walter we look In vain for stronger pic- tares. There is an‘atr of romance so charming in this tratnfal narrative of tne Soutiern outiaws, their exploits and their crimes, that its publication in pamphlet 1orm could not but be hailed with de- light by every intelligent reader, It would be a scrap of American history worthy of hana: down to posterity. What say the Historical levy? Your obedient servant, CARRUL O'DALY. A CURE FOR OANCER, To THe EDITOR OF THE HERALD:— In 1870, while engaged in the South Pacific Coast Survey, [ learned that the natives cured cancer and scrofulous diseases by applying to the part affected the gum of the plant known as the fiery flower (feetas), which can be had at any druggists, Since coming home [ have made practical tests on several sous, Among them J. K. Edmondson, of Hickory, Par Alt of thet were Cured within tell weeks witht out pain. I give this to the press for the sake of suffering hamanity. FEBRUARY. 28 1872 THE COURTS. Interesting Proceedings in the New York and Brooklyn Courts. Charge of Selling Bad Books and Pictures—As- sault on a Sailor—The Cuban Insyrrection—A Nolle Prosequi Entered in the Case of Gen- eral Ryan—Alleged Official Corruption— Writ of Habeas Corpus—A Divorce Suit—Action for Damages Against Wreckers—'When the Band Be- gins to Play”—An Action for Warranty — Decisions— Business in the Court of Goveral Sessions. UNITED STATES CIRCUIT COURT. Charge of Dealing in Obscene Literature. Before Judge Benedict, Yesterday Judge Benedict sat in the United States Circuit Court and proceeded to dispose of cases on the criminal calendar. Patrick J. Bannon was indicted and put on his trial for dealing in obscene books and prints, and sending the same through the Post Oflice. Defend- ant had occupied a shop in Ann street, where he sold books ; and it was alleged by the prosecution that this was @ mere blind to the disgracetul and vile trafic in which the accused was concerned ; that he used to send, out circulars in refer- ence to the filthy wares he had to fell, and that he even made it a point to cause those circulars to be introduced to public Schools and into diferent parts of the country. Mr. Gaylor, Special Agent of the Post Oftice Depart- ment, was exainined on the part of the government, He testified that a knowledge of the business con- ducted by Bannon having been obtained by nim he sent @ letter, dated at @ place in New Jersey, tu Bannon, requesting a specimen of his goods, This letter led to disclosures which resulted in the arrest of Baanon and the seizure of nis store of bad books and immoral pictures, some of which were ex- hibited in Court. The jury found the prisoner guilty, and Judge Benenict sentenced him to a tine of $500 and imprisonment for one year, or until the fine is pata, Charge of Stabbiug on the High Sens, John Arwo, & Chinaman, who had been founda guilty at a previous term of the Court on an indict- ment charging him with having stabbed Sidney Baldwin, o seaman, on board tho. ship Thomas Owen, was brought up for sentence. In conse. quence of some legal questions having been raised in reierence to the defendant as to whetner he was tried in the proper district or not, his detention in eS a8 considerably prolonged. Judge inedict, believing that the man had been already suiliciently punished by a lengthy imprisonment, ordered him to be discharged, which was accord: ingly done. { The Insurrection In Cuba=—The Indictment Against Gencral Ryan Abandoned For a long time an indictment has been pending in the United States Circuit Court against General W. U. Ryan, charging bim with a violation of the neutrality laws of 1318, by having, as alleged, set on foot, or ass.sted in the settng on foot, in this coun- try, an armed expediiion, the object of which was to invade the island of Cuba, and there assist in pulling down the power’and autnority of Spain. a nation with which the United States ure at peace, District Attorney Davis has imude, as in the case of General Jordan, efforts to bring the ipdictment to trial, but without avatl, as the per- sons who gave tne information upon which it was supposed the government could obtain & conviction cannot be found and are not forthcoming in re- sponse to the subp.enas which had been issued to them. no District Attorney stated to the Court that in view of all the facts the only course lett to him was to abandon the indictment in the same Way that he had to abandon tne case against General Jordan, agains; wnom no witnesses appeared. He therelore consented to enter a nollie prosequi on the indictment against Geaeral Ryan, who was accord- ingly discharged. Charges of Official Corruption Against Public Officers. In his recent charge to the Grand Jury of tne United States Circuit Court Judge Blatchford calle¢ their special attention to the laws of Con- gress which applied to the punishment of ofictals ‘and public servants who receive bribes, and sug- gosied that it was possible some such cases might be brought under tneir consideration. It is under- stood that, apart trom the action of the Grand Jury, none of these cases w'll be brought to trial until after the committee now investigating the alleged irauas in the Customs of this city have presented thew report to Congress. UNITED STATES DISTAICT COURT. Enlistment in the Navy—A Habeas Corpus Case. Before Judge Blatchford. Yesterday we pubhshea the facts in relation to the case of Bertram C. Green, who had enlisted in the United States Navy, and whose discharge there- from was sought for in a petition on @ wriv of habeas corpus sued out by his father, on the ground that the young man was under age and had not sworn that he was of The matter has been heard by Judge Blatchford, waose decision is that Green be discharged irom the navy on returning $20, which hé had obtained as advance, and some clothing, the property of the government. The allegations made ®y the peutioner are supported by the facts as laid before the Court. SUPREME COURT—TAIAL TERM—PART I, Suit for Damages Against Wreckers. Before Judge Barrett. John H. Doty vs, John H, Baxter et al.—In No- vember, 1869, the vessel Lina Dennison, belonging to the plaintiff and loaded with coal, sunk inthe North River, near Robbin’s Reef, The defendants, who are wreckers, were employed to raise her, $500 being the contract price, As claimed by the piain- till, the vessel was partially raised and then lett for another job, meantime the veasel driiting into aeep water and sinking, after which the Jop was aban- doned, Suit was brought to recover the vaiue of the vessel. The defeuce was that the contract was con- ditional, the sum of $5v0 to be patd them if success- dul, and otherwise notning. Considerable evidence was taken, occupying three days. The Court or- dered @ sealed verdict. Decision. By Judge Van Brunt. Hlldreth vs. Shepherd—Order settled, Engrossed copy to be presented for entry. SUPREME COURT—CHAMBEAS Wholesale Charge Against a Husband, with Wholesale Denial on His Part. Before Judge Ingraham. Emeline E. Wood vs, Witham C. Wood—The plain- tiff seeks to be divorced from the defendant on the ground of alieged cruel treatment. According to her affidavit they were married in this city in 1840 and their matrimoujal lite passed on very smoothiy until some three years ago, when, as she charges. he entered on a systematic course of vrut of her; in addition to profanity and vulgarity, she charges him with Uhrowing books and other missites at her, including the bones of a duck at dinaer one day; locking her out of their room once jor a week, consorting With’ a lewd woman, cheating her out of money belonging vo her and threatening to biow her brains out with &@ pistol. In fact she lias been, as she avers, in such dread of her life that she has been obliged to hide Knives, scissors, shears, razors and the like, capable of being converted into weapons of murderous as- Sault, from nis sight, All these charges the deiend- ant emphatically deuies, and attributes them to the Plaintiff being, as he avers, a woman of extrema Jealous di itlOn and possessing an ungovernavie tempe! case came Up ON an application for counsel fee. The Court denied the motion, with leave (o renew on other aMdavits, Decisions. Bain vs, Brown—Motion granted. Harris et al. vs. Beuning.—Motion denied; costs to abide event, Perkins vs. Griffin.—Motion denied and $10 costs. Nauional Citizen’s Bank of New York ys. Bar- dent.—Motion granted, Collins vs, Fusch.—Motion dented and $10 costa, Corneil vs. Maddock. —Motion granted on defend. ant giving the usual stipuiation. In the Matter of the Application of Margaret Mcintosh.—Relerred to Wiillam Mitchell. ._ By Judge Barrett. McHenry vs. Hazzard. ~ Order settled, SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Sedgwick. Anderson vs. Babcock.—Motion denied, without costs, ana without prejudice to an application un- der section 317, Code. Danure vs, Allen.—Motton granted, Coleman vs, Beard et al.—Same, Sanger vs, Murray.—Motion denied, without costs. By Judge McCunn. Johnston vs. Renet.—Motion for new trial denied, See memorandum in papers. COURT OF COMMON PLEAS—PART 2, Tho Suit Against the Church of the Disciples A Disagreement of the Jury. ‘The case in which James Woods sought to recover $1,471 76, principal apd interest, on a bond issued to him uy the Church of the Disciples of christ, tne Fergie hed een instruoved te pring ins, sealed jerdict, and were Gaohareed peseneny, moraing. They stood eleven for plainuff and one for the defendant, The case w w be retried next COURT OF COMMON PLEAS—SPECIAL TERM. “When the Band Begins to Play.” Before Judge Robinson. Wall ve. Pond et al.—This case, the particulars o¢ which have already appeared in the HERALD, again came up for argument yesterday, when the question turned chiefly upon the right of an owner of literary property to maintain an injunction when it had been co nted in the United states Court, Mr. it had been panilsued, had a clearright ro Walaa fan injunction in the Courts, notwithstanding it had juently copyrighted in the federal Courts. a contended thi of Messrs, Hill an the effect ‘01 thug lost, The Court reserve ita dcosion Yee MARINE COURT—PART I. An Action of Warranty. Before Judge Gross, Louis ©, Gillespie vs, Jonn ©. Ham.—In the sum- mer of last year the defendant sold to plaintiff a pony phaeton, not of his own manufacture, but which he warranted for a year, for the sum of $263, The vehicle was delivered at a stable near by, there hitched up, and plainuf’s servant undertook to drive it down to one of the boats, but had only pro- ceeded @ few blocks when the front axletree broke olf close to the Wheel, Plainuif then revurned it, offering to take $200 of the price paid; vut the de- Tendant said that it was an accident that might oc- cur to the best carriage, and that he would make it as good as new, ‘0 this plainui’ consented; the phucton wase repaired, tuken to thd same stable, where it was received by # relative of the plaintiff, who tmmediately had the horse put to it and startea out, but, as the vehicle crossed une curbstone imo the street, the same axle gave way on the other side, The plainuit then again returned it, saying he was gon ced If was Lnpertogt ane ene Back thé whole sum which he had paid for [t, refusing to accept $200, which the defendant offered bim. « ‘The parties then went round to the repair shop, where the axie was taken out, and, on the blacksmith striking it across the anvil, it broke each ume, and, according to plaintit’s evidence, was conaemned Loth by the defendant and nis “acksinito, ‘This, however, ae- fendant denies, A lengtuy correspondence then ensued, in which various promises tv settie were made, Piainti® pat it into his lawyer's hands, again withdrew w settle, and finally the suit was brougnt. The evidence of the defendant was directed principaily to the point of there being no flaw in the axle, that the breaks were clear, and that the test at the blacksmith’s shop was not a fair one, He turther testified that ne received the carriage the second time only for the purposes of repair, for which he charges $35, and that on plaintit’s re- fusing to receive 1b he sold it for ms account for $175, Wuich sum, less comiussions, expenses and repairs, he offers to pay plainttl. ‘The Court simply charged the Jury that if they Were satisiied of the warranty, the detective con- struction and the return aud acceptance, they must find for parte Verdict in Javor of plaintiff for $263, with interest. Hi areca 8. B. Higenbotam; for delendant, A. MARINE COURT—PART 2. Decisions. By Judge Curtis. Jackson vs. Webb.—Judgment for plaintiff for $508 59 and costs, and $25 allowance, Liara vs, House.—Judgment for plaintifr for $209 49 and costs, aud $25 allowance, Paaght va, Central Park, East River Railroad Com- Pany.—Cumplaint dismissed, With costs. Obom vs, Hough,—Judgment ‘or platmtiff for $51 76 and cosis, and $26 allowance, Lehman vs. ochschitd.—Judgment for pluintitt for $115 and costs, and $25 allowance. COURT OF GENERAL SESSIONS. A Homicide Cane of ihree Years Standing— Prompt Acquittal of the Accused. Before Recorder Hackett, At the opening of the Court yesterday Assistant District Attorney Fellows called tne case of Robert W. Hopson, charged with shooting Henry C. Lyon, at a liquor saloon in South street, on the 9th of Sep- tember, 1568, The defendant was genteelly dressed and occupied a seat beside his counsel, fr. Wil- liam F. Howe, Although the occurrence which resulted in the deatn of Lyon created con- siderable excitement at the time the in- tervening period between it and the ‘ial was so long that there was no delay tn getting ajury. Mr. Howe waived every tecnicality, believ- ing that he had a good defence upon the merits, and the speedy termination of tne case in favor of his client proved the correctness of his belief, After a brief opening Mr. Fellows callea John Galvin, who, at the time of the transaction, was barkeeper in tne satoon of Henry ©, Lyon, 91 Soutn street, He testified that there were @ number of men in tne saloon on ‘Uns nignt, and Mr, Lyon was about bidding them good night, to go home, wnen he (ihe witness) ob- served Hopson and Lyon talking at the bar; a man said to im, ‘John they are growung again, can’t you stop it,” ineaning Lyon and Hopson; the witness looked and saw Hopson step back and put hus hand behind his back as If to draw a pisiol out of his pocket, at the same time using very bad lan- guage to Lyon; the witness (Galvin) then took hold ot him py the Jett hand, and heard a sound, which must have been the striking of Hopson with an um. brella by Lyon, which he did not see, but of which he subsequently heard; the witness was looking down for the pistol, and as he dia he saw the flash; Omcer Goodwin came in and he told him to take the prisoner in charge, that he nad shot Lyon; a carriage could not be had, but a stage was char- tered and the wounded man was taken to the City Hospital, where he died that night. Robert F, Pawson, another barkeeper, gave a similar account of the iray and testined tat Lyon struck the defendant two or three umes on the head with an umbrella and that they used bad lan- uage to each other, Alter the firing of the pistol yon said, **My God! I am shot; he shot me;” he did not s:agger or fall. Oiticer Goodwin testified as to the arrest, and said he velleved when the accused was brougnt to the station house he said he snot Lyon in seil-de- le nce. George W. Isaacs said that Hopson and his wife used to visit Lyon and iis famuy, und that between seven months and @ year and a half preceding this occurrence Hopson threatened to shoot Lyon, ana that he ({saacs) toox tne gg from him. Mr. Howe consented that the deposition of the physician might be read, which established tne fact that the deceased died from a@ pistol shot wound, and admitted that the shot was fired by Hopson. THE CASE FOR THE DEFENCE. The counsel made an effective opening to the Jury, stating that he would show that the accused would have been tully justitied in using the pistol, for the deceased was not only a dangerous charac- ter, but provoked the defendant by applyiug to his ‘wile and relations the most opprobrious epithets that could be used towards any femaie. Mr. Howe dwelt upon the sacredness of tne domestic rela- tions, and expressed the belief that the jury would justly his chent by pronouncing a verdict of not guilty without leaving theirseats, The first witness Called was Timothy Monahan, who was in the saloon at the time of the occurrence, and said he opserved Lyon and Hopson engaged in low conversation; he beard Hopson teil Lyon he did not think it was so, Whatever 1) was he was speaking to him about; Lyou told Hopson he lied; that fs wife came in there to his barkeeper and got a bottle of gin at $2 50, and did not ie! lor it; Hopson took a note out of nis pocket; Lyon had an umbrella in his hand, and struck Hopson on the head with it; Gal- vin, @ barkeeper, came from behind the bar and took hold of Hopson, and then I heard a shot, but did not see the prisgner point the pistol. Frederick Porters eVidence was to the .same effect. He saw Lyon strike Hopson upon tne head with an umbrella two or three umes, Robert W. Hopson testified in his owa behalf that he had been in the employ of James McUreery & Oo., Broad way, tor the last six months; that on the evening of the occurrence he went to 91 Sourh street meet Mr. Weeks by appointment, and while there Lyon came in and shut the front door Ol the saloon, wheo he (Lyon) stated that nis (Hopson’s) wife got a bottle of gin; he, kuowing the desperate character of Lyons puiled out @ bill to py, for it, although he knewshe did not get it; then made an infamous statement against Hopson’s wife anv mother, aflect- their chastity, In language which can- not be printed; Hopson told nim he led, whereupon Lyon took up a large aud heavy um- brelia aud nit him several blows, he (Hopson) re- treating towards the door, whereupon Galvin came from benind tne bar and pinioned his arms, at which time the accused pulled out his pistol in order to Irigbten him, und it accidentally went off. A Week belore the occurrence the defendant pro- cured the pistol from a friend for sell-protection, ag he resited in Rockaway aud was compelled to re- turn home at nigot. Wiiliam Moser, Joseph A, Miller, George C, Soho- fleld, B. G, Bean and Robert Warnock, in whose employ the accused had been for’ fifteen years, ves- thed to his previous character lor peace and quiet ness, Mr. Fellows and Mr. Howe agreed to submit the case to the: jury under His Honors charge, which was brief and clear. Tne jury rendered a verdict of not guilty without leaving their s¢ LARCENY FROM THR PERS Thomas Davin, a daring looking young fellow, Was put on trial for robbery. Martin Keily, an old man, stated that on the 10th of January, while re- turning {rom Central Park, about nine o'clock, he was met in ‘'wenty-firt! et by @ crowd of youn men, ‘The prisoner calied him John and shoo! hands with mim, and put bis hand in hig (the complainant’s) pantaloons pocket, put did not take anything nor did he use any violence tohim. While Davin was wrangling with him one of the party took dus silver waten, worth $20. The tie person, and the Keoorder aeht iiia $5 GR, ots ler sent him to Prison for st years, gaa 'HKPT OF SURGICAL INSTRUMENTS. George mauty v0 grand larceny, COURT CALENDARS—THIS BAY. UnirgD Staves Disraicr CoURT—IN ADMIRAL- TY—Held a ae epenncgndiiabend 179, 164, 165, 167, 168, 11 SurReMs Court—Crecurr—Part 1—Held by Judge Barrett. Uourt opensat half-past ten,—Nos. 617, 71934 $38, 951, 1015, 1079, 4134, 1308, 1345, 134934, 1863, 136%, 1360, 1869, 1867, i800, 1875, 1877, 1970, 1881. Part 2—Held by judge Brady,—Couri opénsat eleven A. M.—Nos, 642, G46, 704," 4323s, 00%, 96%, 34, 36034, 364, "504 5 soa aro. a Mg Ay 8, Si ish i ad ae Surauun CoverSrzcrar Texm—Held py Judge Barnard—Cours opens at eleven A, M.—Nos. 61, 52, Trae te 40: He HB By Ch Sh Gs 65, on, 67, 68, 00, 10, DQ OB, 04, Bo a Tears? thy 86, 87, 88) 89, 90, Ot, UPREME CoUNT—CHAMBERS—Held by Judge Car- doz0—Court opens at eleven A. M. and caicndar A » 73 |, 78, 79, 82, 87, ies oor, 129, 130, 131. ‘Cail 181." * wr SureRIOR Covrt—TRIAL TERM—Part 1—Held by Judge Barbour—Court opens at eleven A. M.—Nos, 89, 2453, 1009, 1547, 1041 1473, 1165, 1597, 1409, 1549, 1661, 1359, 1546, 1967, 105, = 2 Court OF COMMON PLEAS—TRIAL TERM—Part 1— Held by Juige J. F. Daly—Court opens at eleven A.M. —Nos, 1076, 506, 845,906, 980, 1005 1, 1803, 1249, 893, 1829, 473, 71, 652, L038, Part’ 2—Helu by Judge Tah, 1590, 1337, 1009 Ud, as Lad Las, 1360, 1388 231, 1336, 1837, 1339, 1441, 13dd, 1347, 1348, 1350, 1352, 1353, 1364, 1368, ses tasteub eure MARINE CoURT—TRIAL ‘feRM— Part 1—Held hy Jadge Gross—Court opens aud calendar culted at ten A. M.—Nos, 8009, 7543, 8096, 7541, 8040, 8079, 8180, 8002, 8103, 8146, 8179, 8180, 8181, 8203, 8200. Part 2—Hela by Judge Curtis—Cours opens and cal- endar called wt ten A. M.—Nos. 783%, 8873, 7988, 8117, 7177, 7301, $152, 7646, 7385, Tstis, 8011, 807, o18s, 8186, 8190, 8191, 8192, 8193, 8194, 8195. Part 8—Held by Judge Shea—Court opens and calendar called at ha M.—NO3, 9019, 9038, 8627, 8729, 9007, BROOKLYN COURTS. UNITED STATES CIRCUIT COURT. A Question of Practice. Before Judge Benedict. Daniel W. Carrington va. The Florida Railroad ‘Company and Albert A. Drake.—Tnis action, which nas heretofore peen reported, was commenced in the New York Supreme Court, but was subsequently removed to the United States Court under the act of Congress of July 27, 1866. A motion was made to have an injuuction, which had been issued by the State Court, dissolved, and yesterday Judge Bene- - rendered the following decision 1a the mat- er:— “Lentertain no doubt of the power of this Court IM a cause duly removed trom @ State Court to dis- solve an injunction granted in this cause while it ‘Was In a State Court; but 1 am of the opinion that Where it is desired to make ® motion like the present, which is in effect an application for a re- urgument of the motion made before the State Court, leave to make such application should first be applied for and obtained. The motion to dissolve the injunction 1s, therefore, dented on the ground \hat no leave to make the same had been pre- viously obtained.” UNITED STATES DISTRICT COURT. The March Term, Before vudge. Benedict, The March Term commenced yesterday. The ad- miralty caleudar for this month was called and cases set down tor trial, The Marshal made returns of proces8 in some cases, alter which the Court adjourned, UNITED STATES COMMISSIONERS’ COURT. A Cigar Dealer in Troup Before Commisstoner Winslow. Michael Farreil was charged before the Commis sioner yesterday morning with having offered to sell at his place, 445 Flatbush avenue, cigars which had been tmproperly boxed and stamped, Farreil ‘Was beld to bail in the sum of $600 to appear on the hey instaut, When the hearing of bis case will take place. SUPREME COURT —cIRCUIT. Contested Collectorships. Before Judge Gilbert. ‘The People ex rel. Peter L., Williamson vs, James H. McKinney.—This action was brought to oust McKinney from the office of Tax Collector of. the town of Flatbush, Williamson claimed to have | been elected to the office ai the charter election on the 4th of April, 1871, and charged that the defen- | dant usurped the office on the 4th of November, 1871, and has held it since unlawfully. At a town meeting held tn April, 1870, McKinney was elected for a term of one year, under a _ provis- jon of the revised statutes, and during the same month an act was passed by the Legislature extending the term of tax collect- ors im the several towns three years. Detendant denied that he usurped the office, and that plaintit never qualified. McKinney contended that ander the statute he 1s still Collector, and Judge Gilbert di- Tected # verdict in his favor. In the case of Peter C, Breede vs, George W. Palmer, involving the coliectorship of New Lots, a decision was reudered in favor of defendant. ‘The case Was similar Lo the other one. CITY COURT--TRIAL TERM—PART I. The Westfield Disanter—Chied Trial of the . Suit of Widow Mi len. Before Judge Neilson. Mrs, Jane Madden, tae widow of Deputy Sheriff John Madden, is making another attempt to recover $5,000 damages from the Staten Island Raitiroad Company for the death of her husband. Yesterday the third trial of her action against the company was commenced in the City Court, The readers of the HERALD will remember that on the two former trials the juries disagreed and were dischargea. Since then Mrs. Margaret Landers has succeedea in getting a verdict of $5,000 against the company for the logs of her husband, who was one of the vic- tims of the terrible explosion. dt being anticipated that great difficulty would be experienced in securing a jury a special pane! of 150 Jurors were summoned for yesterday, from whom the following named gentlemen were selected as the jury to try the cause:—Jonn a. Van Wynen, builder, 98 Second street; Delwin B. Carr, merchant, 127 Dean street; J. W, Clemons, ary goods, 438 Henry street; Lorenzo Bond, stationer, 86 Oxford street; | George Layden, 10 Pineapple street; Frederick Clement, Jr., grocer, 38 Elliott street: Lugeae New- ton, agent, 140 Laiayette street; James Walker, real estate, 229 Warren street; John O. Winters, ish, 129 Hewes street; Charles KE. Spencer, broker, 24 Clin- 5 RAID ON PANEL HOUSES, Down in the Dens of the Four.’ teenth Ward. HOW THE GAME IS WORKED, MURDER MADE EASY. It has been well known to the police authorities for & long t1me past that the Fourteenth ward was the favorite hunting ground of that particular kind of rogue known as the panel thief. One after an- Otuer captains of police have been put in charge of the district, with a view to breaking up tne system, gud their success has been more or less varied, For a time the most notdrious houses would disappear, und then, When the excitement of chasing the thieves had somewhat calmed, they would start again wh renewed vitality ana energy. Captain Mount was recently transferred from the Seventeenth precinct to the Fourteenth for the purpose of breaking up tha a DIFFERE’ T DENS OF INFAMY jo that abounded in the later district, and he had pare tially succeeded in putting an end to the most no- torious of tiem when he was removed to make way for Captain Clinchy, of the Broadway squad. Cap tain Mount at first directed his atteation to the sneale thieves and burglars who lounged about tie ward,. leaving the panel houses to Jollow in the regular order. He was transferred, however,. before the work was begun. On taking command Of the precinct the present incumbent applied him~ self to the lapor so well taken in hand by his pre- decessor, and commenced the task of cleaning thet ward, just where Captain Mount left off, with the: panel houses. That tus is no easy duty may ber readily seen by vhe number of arrests of rogues ail descripuons that have lately taken piace in thie and neighbormg districts. On tuesday night Captain Clinchby, accompanted by Dete tive Brennan, started out to make tour of the ward and find the a) locations of the panel houses. When they got imto Elm street the Captain and the detective foun three houses in full blast. In the first one visited a, woman and two men were discovered on the prem-; ises, who were arrested, were SPLENDIDLY FURNISHED anu fitted up with ali tue necessary appliances for, successiully carrying on that species of rovbery, known as the panel game. In the room’ ou the ground floor of this house the panel was iu the flour and was ® sort ot trap door covered with carpet the same as the rest of the apartment, aad openme up into the room. ‘This ap Joor was at the head of the bed, gna could only be seen by a person standing at the entrance into the room, The Unel who “worked? through Uns trap came up irom the cellar under- neath by means of a jadder, and when he had rifled te pockets of the victim he disappeared by the Same way and then lelt the house with the booty, if there Was uny, by tue ironb basement. ‘Yue house DOXt Us Was also CXimMined by the police and found to be of the same character as tie one they hai. just left. he inieves, however, had escaped in time to avoid vemy arrested. ‘ihey bud seen the captain uf the police go into the louse next door at Was sufficient; they fully under- as up. In tbe second establish- sound A SLIDING PANEL IN THE FOLDING that worked upon wheels, and was large enough to out hall wman's body, Besides tus Bild ul there Were aiso two smaller ones that Te= verted each upou a button, aud Which were used as points of observation by the Lueves in the back 100mm In the second room on the vwop floor the means o1 getting possession of whatever may be in the pocxets of the individual who was inveigied tuto, Was whos ts Known ag the bul trick. ‘This 4 ¥ ingenious description of vole an apie, tat i Ww be made on purpose for the Work they are used to assist lu. ‘Tue staple bas, all the appearunce of bemg fastened on tne frame Work Of tie voor, When the aoor Is Closed, but im Teality 1015 attacued co the door itself, and whem the bolt 1s pasted ito 11, there 18, to all intents aud DOORS purposes, an wir of per! cursy, but in reauty there 1s no Security Whale Captain Cuneny and Detective Brewnan found a large number of these bolts and other devices of a simular navure upon the premises, and tuey wok charge of | their and had them removed vo the station nouse. ut for assistance and thea broke and all the contrivances ior rov- sO Uhat the usual busigess could HOt be resunicd. Being so successiul in that one street Captuin Cunechy turned his attention two Crosvy sivect, thinking he would no doubt meet With a nuiaber of houses in "ULL TIDE OF TRATPIC. The Captain down Lue pane bery im tne y But the 3 nad warned alt the houses ; in the and for the time being the police compelled ww give up we chase. Yesterday = alteruvon, however, the vaptun aud the aetecuve again sailed forth tn quest of panei people. Cavtaiu Cilncay sent tus coadjutor in piaia clothes before hin to watch the houses uod see iM anyining was gomg on. They had not been more than halt an hour waiting wr “something tu turn up’? when the detective gave @ signal to his superior oflcer thal a wouan was endeavoring Wo luvelgié a geutleman into 48 Crosby street. The police hurmed to the spot and goo there just in tie to prevent the genUeman irom GOING INTO THE DEN. They arrested the woman, Look her to the station house, wuere she gave her name as Eliza Walters, wpd then locked the house up. Captain Cltuc went to Police eadquarters to inform >uperintend- ent Keiso of what he had done, and tae Superin- tendent desired him to go back to tbe place and break up the panels, as had been done in the otuer houses, ‘Lhe police Captain was accompanied by a reporter of the HERALD on his second visit to the piace, and devective Brennan, Who was leit be- hind to look after the house, opened the door tothem, Like almost all the other houses m the street, No, 48 is @ brick Coustrucuion, wita @ high stoop aud a in # very dilapidated condition on the outside, Within, however, there is # general air of comfort and sume pretensions to luxury, The front room oa We Drs’ oor was furnished with a bed, a dressing ‘table and washstaud, two lounges, & chest of drawers and @ small centre table. Upon a high mantel over the firepiace, where @ large fire burned brightly, was @ hand- some clock, two immense glaring glass vases and an oll lamp. In a recess beside (he lower window was a Chest of drawers, upon wuich were careiully disposed @ number of stdtuettes, Tais room was divided irom the one 1n tie rear by fold. ing doors, and the head of tae bed, which was une usuaily cievated, was turned in this direction. The ton street; Ferdinand T. L. Boyle, artist, 757 Degraw street; award Sanxay, oil, 226 Degraw street, ‘The testimony will be the same as at the cwo pro- ‘Messrs, Morris and Pearsall have charge of Mrs, Madden’s case, while Moners: Beach ‘The trial vious trials, and Dickerson appear for the company. ‘will last several days, CITY COURT—TAIAL TERM—PART 2, Sherif! Walter’s Visit to Monroe Street=The Result of Runving a Bill at Stewarts—Mro. Webster’s Furs. Before Judge McCue. Last November Mrs. Abigail Webster, of No. 4 Monroe street, procured $500 worth of goods, in- cluding furs, &., at A. T. Stewart’s and had them charged to her husband, Hugh Webster. Mr. Wep- ster was engaged in the grocery business corner of Fulton avenue and Hall street, but bursted up last fail and closed his store, The bill incurred by Mra, Webster was not paid and suit was brought against her husband, Judg- ment having been ovtained Sheriff Walter levied upon the furniture in the house on Monroe street and sold it, ib appeared, however, that this iurnt- ture belonged to Mra, Webster and not to her hus- band. Yesierday she brought suit against the Sheriff to recover $1,650, the value of the property, and $200 damages. Mrs. Webster, a lady about | filly years of age, appeared yesterday, attired in | veivet and fdrs, and ewore that the furniture was purchased with her own money. Her testimony was corroborated, and the jury rendered a verdict in her favor of $1,264, e BROOKLYN COURT CALENDAR. Ciry CourT.—Nos, 4, 31, 35, 47, 51, 52, 54, 55, 56, 58, 69, 73, 74, 89, 94, 96, 97, 98, 100, 101, 102, 105, 106, 108, 109, 110, 111, 112, 114, 115. THE PERRY HOMICIDE, Flight of Carroll—Post-Mortem Examination. Timothy A. Carroll, the blacksmith, who stands charged with striking Thomas Perry, of 121st street and Fourth avenue, on the head with a hammer and thus hastening death, it seems has fled beyond | the reach of the police. The Captain of the ‘Twelfth precinct, who has the warrant, is in search of the accused, and entertains hopes of securing him. Dr, Josepn Cushman yesterday made & Post-mortem examination on the boay of deceased and found that he bad a slight tracture of the Skull. The wternal organs, however, were much diseased, and deceased has long peon in a feeble corner 100m Was Ue very reverse of the front one. Dirt and cisoider were tis most prominent ieatures, and it louked like, and undoubted was, the work- shop of the “yang.” A rusty, flithy siove stood in the,ventre, and all around, strewed in every direc- tou, Were cooking utensils, A RAGGED PIKCE OF CARPET covered the floor near the door, and upon it were two pairs of ragged slippers, thac Captain Clineny eyed suspiciously and pointed out as part of the tieves’ stock in trade, The front apartment nad been so carefully papered and snowed go little of anything Lo create suspicion that ine work of tind- dng the panel was ior some tme a diicalt task. The police went aii around the place, sounding the walls, and were about giving up the case as hopeless when Captalu Chuchy discovered # piace that sounded as i it were hol- low. They then went into the inner rocm’ tore open one side of tue folding doors and at once revealed the mucu sought for panel. ‘ihis was a aoor chat opeacd inwards on hinges, carefully greased, aud Which was cut in @ partition that ran across the space leit by the [rame work of the fold. ing doors. This doorway or panel was large enough to admit a man easily to the Lront room, and could be opened by the thieves in the rear witnout the sligiitest aoise. When w victim was enticed into tus Place, and was, as ie thought, careiuily suut in, the robbers began their wors. The first move was to put on the slippers as soon as the woman gave vhe signal, then open the haif o¢ the foidi doors— vhe police wero opiumed break them open—vy pulling a wire altached to a bolt on the other side, and which, passing through the framework, just appeared outside the wall suficieutiy vo take hoid of As Scon as this door was swung back THE PANEL WAS OPENED, the thief stole into tue room, rifled he pockets of the unsuspecting yisttor and then escapea the way he came, I, however, tne victim should by any chance see What was going on the thieves were fully prepared. In case he made @ noise aad was likely to bring in the police he would be nstanly gorfed, dragged into the back room. flung through @ trap into the sub-collar, and Uf his neck was Lot broken vy the fall he would be suflicienuy stuoned to allow the thieves time to fiuisn him at ieisure. Uf course nothiag of this kind may have ever oc- curred, yet (he means for doing somethimg oF the sort are there ana ready for use at any moment. There 1s, veside, an easy Mode of escape 10 the rear, jor the fences arelow, and the people living 10 the adjoining houses ‘are not exacty of tne class that ‘would be desirous of stopping the figut of a thief. On searching this back room where tle trap door 18 Captain Clinchy foand a box of cartridges, a quan- tity of bolts like those discovered in the other places, aad screws aud hinges, suitable for panel “work,” stowed away 10 @ kind of cupboard, On the second floor was another rgom, PITTED UP BXACrLy like the one beneath, and used for the sam nile the police were searching the condition. The injuries Perry recelved doubtless | pose. the pauel fixtures @ man, who gave accelerated death. es vay amen taf one in gat was ar Se paneer ed. ard bart were SUIOIDE BY JUMPING FROM A WINDOW. | Fraken fy tne tune loxed "and he ey Owen Hamilton, a carman, Afty-four years of age, | then” wont to, OL ih fata late hour on | pue'they found the habitues of that eatablishinent ‘teenth street al but they for ie ha est me | ted at 232 West Six aeceased, wo had | had vauisied, 7 1e eo ea] f jast. On Saturday last boon paral, dernage Ma received injuries which caused is death. Sebirmer was nouleds ‘ securely , jow and | leave it until another time. ‘wil be taken belore Jadge this morning, ‘Tne doors were bat were fsvened, aad the police were compelled The people ari ‘Three rooms in the house: ”