The New York Herald Newspaper, April 20, 1872, Page 5

LYDIA SHERMAN. Her Trial for Murder at New Haven. Singular Procedure---The Jury Roaming at Large Over the Couniry. BARKER'S CHIMICAL ANALYSIS. An Entire Day Spent in Catechising Him—Fail- ure to Trip Him Up or Throw Discredit Upon His Analysis, New Haven, April 19, 1872, ‘The interest taken in the trial of Mrs. Lydia Sherman, the alleged polsoner, seems to be extend- ing throughout the entire community, and the court room to-day contained many persons from the surrounding towns, who had come in to get a glimpse of this remarkable woman, -who displays eo. much nerve under the trying ordeal through which she is now passing. In personal appearance the prisoner is tall and well proportioned, She walks very erect and gracefully, and whether reclining in 4 chair or standing has the air and bearing of a woman who has been accustomed to mingle in genteel society, Her features are sharply defined, her nose quite sharp, complexion—which was once clear—now somewhat sallow from confinement, prominent cheek bones, but not so marked as to make her re- pulsive. Her hair is black and her eyes are quite @ark, and bear a cold expression. When at rest and not excited by events about her her look is such as to impress one with the idea that she is not sus- ceptible of emotion; but when addressed this cold Teserve instantly vanishes, and the repulsiveness that a moment before rested upon her countenance gives place to a pleasant smile that at once dispels all doubt of her being a virago. Still there are indellibly stamped upon her contour evidences of the care and trouble she has passed through in her later life; but no one who converses with her would say that she has the appearance of a mur- deress, who would take the lives of innocent chil- dren merely to gratify her avarice or ambition or to be rid of responsibility. Ifshe be THE VILE AND HEARTLESS MURDERESS that the circumstances suggest she is really an enigma who defies the keenest experts to detect the emotions that struggle within a calm exterior. Her sister, Mrs, Nefay, who sits beside her, is a lady of an entirely different type from the accused, She is petit in form, has small, delicate features, small hands and feet and blue eyes, that distinctly show woinanly sympathy and concern for the dear sister ‘whoso life is placed in jeopardy. She, too, shows that she has been tenderly raised and has moved in good society, Her brother and brother-in-law are quiet, genteel looking men, whose frank, open countenances would at once give them a passport to the confidence of any one. The son is a young man, aged about twenty-five, and bears a striking resem ice to the accused, who is his natural mother. He is a son of Struck, the New York police- man and first husband of the prisoner, Such isa brief picture of the groups that attract the most lively attention as they sit within the railing, near the prisoner’s counsel and facing the jury and wit- nesses, to watch and weigh every word that is uttered. The prisoner often gracefully bends her her head to her counsel on cross-examination, and suggests questions the pertinence of which seem to strike counsel at once, as he invariably pro- pounds them to the witnesses, VERY QUESTIONABLE TROCEDURR. To one who, for the first time, has witnessed a murder trial in this State the practice seems strange and very questionable. There seems to bo effort made in this State to keep the jury isola- a from the outside world. The moment the Court takes a recess or adjourns for the day the Jury are beyond the custody of the Sheriff, and are permitted roam about at ‘will or procera to their homes in the country to cae the night. The other ey Court walted alf an hour for the arrival of three of the jurors, who were delayed by an engine getting off the track. This is the practice in this State, but it is @oubtiess a very dangerous one, and no wonder it ig almost an impossibility to convict in this State for murder. Such practice cértainly opens the door for the “hanging” of any jury there be upon it one man who can be Cece The Court in this case, however, is merely following the sarevien ay ‘actice in permitting the jurors to be atlarge. Yer for the first time the jurors were cautioned against conversing of the trial or Treading the newspapers. It is not likely, however, that this jury will be infuenced, as it appears to be composed of honest farmers, who will doubtless try the case on its merits. EXAMINING PROFESSOR BARKER, At the opening of the Court this morning the at- ndance of spectators was as ee as usual, and included many ladies. The direct examination of fessor Barker, the analytical chemist, was re- fumed, which was very lucidly given, and clearly showed the presence both in the stomach and liver of arsenic, Is metallic arsenic poisonous? A. There is yet ®@ question to be settled whether it is; the yellow and white arsenic are both poisonous. Q. From the amount of arsenic found have you any means of knowing what the quantity of arsenic was in the stomach? A. The contents of the stomach contained what I estimated, pndging from the bulk obtained from the stomach, about the tenth of a grain. How long does it usually take to reach the Mivér from the stomach? (Objected to and over- led.) A. White arsenic taken to the stomach removed by absorption, and as it has not been te in the lymp or chyle this absorption must take place by the blood; it has been detected in the urine within one hour after it has been taken; tho liver acquires its maximum quantity, in the opinion of several authorities, in from fifteen to eighteen urs. Q. Does it work off from the liver or remain there? A. It may all disappear from the liver te- from eight to fifteen days alter being taken; it dn pends upon the quantity. wit What is the maximum nha an aduit liver retain? A. Dr. Duergan, of Dublin, from ex- gives it as his opinton—— jected to. e Court—He may give his own opinion. A. Ihave no opinion of my own; from my read- think the maximum quantity is the quantity e found in this present case—five grains, Q. Have you an opinion how long prior to death the arsenic was taken? A. At least fifteen hours before death. Q. Ifhe had died Friday and the dose adminis- fered the previous Monday, would what you found be all he took, or would some of It have passed off ? A. Absorption and elimination go on together; & rtion of the arsenic would have been removed; of iat absorbed a considerable portion may have eliminated during the flye days; ordinarily the arse- nic is distributed through the entire body; the amount obtained must be less than the amount taken: when arsenic is taken more rapidly than itcan be eliminated it becomes accumulative; the same is the case with apple pie; in my opinion it is not oumulative poison unless taken in greater quanti- ties than can be eliminated. cts he vomited more or less during his illnes, ie when the arsenic was taken, A. My opinion it was Monday night or the night previous; the ar- genic found on the stomach may be the last traces of a very large quantity taken Monday night or the Tesidue of a small hoc he taken subsequently— which, I cannot tell, but the latter appears more bable, Q. Tell the jury how arsenic poisons. A. Tho first effect when taken fs local; it is classified as an irritant, but not corrosive poison; it inflames the rts it comes in contact with without destroyin, hem; the local effects first produced cause local toma generally within an hour after being swallowed; they are pain in stomach, which, pass- ing down, extends along the intestinal track; it in- creases in severity, great thirst, dryness and con- riction of throat; vomiting and purging; the mat- i Ha RK te ‘ THE POISON HAD BAGO ANSORBEDT Yt enters the blood and produces a second class of the action being aps ‘upon the blood. vessels; these symptoms are great prostration of strength anxiety and depression of mind, pecullar lividity ot the face, a blue line under the eyes—the intellect being as yet unaffected and the mind clear; death may ensue at this stage, due to this prostration, usually taking place within from one to eight days; it might be con- tinued till the efiect is apparent upon the Bervous system; stupor, passing into a profound coma, may develop itself in case the action Is primarily upon the brain, or delirium or convul- sions, passing into chronic spasms, in case the Loy cord is also involved, may precede death; all the symptoms may not be present, and the patient pa age from all these symptoms, which may effect called primary, and may die from the secondary ts of =the — poison ears == afterwards, Witness thon described minutely the passage of the arsenic from the stomach to the liver; it requires from two and a half to three grains to kill an adult; persons have died from the primary effects of arsenic in eight days, and no traces of ars®nic have been found on an analysis of the parts; con- [ati J of the throat usually follows arsenic in rom @ half an hour to an hour. 5 wg the evidence given by the physicians to be true, that these articles Were from Sher- man’s body, and your examinations, what is your tthe cause of death? A.” My is that Horatio N. Sherman died the effect of a poisonous dose of arsenic, Gensation in Court—the prisoner un- moved.) ‘itness was then questioned as to his analysis of a specimen of the bismuth of which Dr. Pinney’s prescription was compounded, with a view of exploding the Idea sought to be conveyed that Sherman may have been poisoned by the ‘de o- tors. I have not mentioned the effect in first stages of poison on the Roars and lungs; the pulse is rapid, respiration labored, sometimes quickens and pometimes slow; the result of the poison acting ‘Upon the doyrer intertines produces straiting w: out result, Inflammatory action reduces a hot, dry skin; after a relapse has come the skin is cold and perhaps moist; in a case of great thirst from arse- nie there is inflammation an: constriction, extreme Pp tration under the symptions sometimes causes ities, and purging may be wanting in some cases; convulsions aré exceptional and so is deli- rium In first sieges. |. & a OROSS-EXAMINED BY Mn. WarRovs. Twas appointed in the Yale as professor in 1867; never saw a person die under the influence of ison; never treated a person in that condition; ave had no experience as a medical practioner, butI learn the symptoms I have described from books; was from November 6 to 23 making the analysis; the liver was received on the 13th of May, and kept itin a sealed jar in my laboratory, that was locked, and no one had access to it but me; had there been other poison there I would have dis- covered it as readily as arsenic, but I started to find arsenic, as it had been intimated I would find it there; the chemicals I used in the analysis aré water, hydro-muriatio acid, po- tasium, cloride, hydrogen, sulphide, nitric acid, sulphuric acid, ammonia, ammonia sulphudrate, sodium of nitrate, sulphurous acid and jum car- bonate; there is sometimes arsento in sulphuric acid; I used about half an ounce of it in each opera: tion, The Professor was subjected to a critical cross-examination, with a view of breaking down his testimony and confusing him, but the effort failed most ally. At this point, four P. M., one of the jurors, Jona- than Willard, fainted away, and a recess was taken until his recovery, which occurred soon after, The examination was then resumed, Mr. Watson’s tak- ing @ line of cross-examination with a view of ge ‘ting an admission that arsenic was produced in he process of analysis, This the Professor dis- tinctly denied, because if he had produced arsenio once he would have produced it in each of the sub- sequent analysis, THE BAR ASSOCIATION. The Resumed Examination About the Marine Court—Denial of the Statements of Good- hart—What Mr. Heywood Had to Say— A Letter from Judge Curtis, The Committee of the Bar Association met last evening at their rooms, in Twenty-seventh street, and resumed the investigation of the charges against Judge Barnard. Judge Davis, Mr. Town- send, Mr, Olney and Mr. Sewell were present. A numberjof lawyers whose faces are familiar as prac- tising in the Marine Court were also present, and appeared to take a lively interest in the proceed- ings. Mr. Henriques came forward and testified in rela- tion to a case that came up before Judge Curtis, in which there was an application made for delay and the defendant was told to produce bonds. The case was then put on the calendar and bonds were jefiled. The bonds were not satisfactory and an order Was granted to have them justified. Judge Gross here granted a stay of proceedings, which Judge Curtis afterwards set aside, The caso was then continued, and Judge Gross abused Mr. Henriques on account of what he thought a breach of his duty, after Judge Gross had granted a stay of proceed- ings. Judge Gross afterwards found his mistake and apologized. Mr. Dennison then produced some papers in ref- erence to the copartnership that had been brought forward the previous evening, and stated that it had been entered into before the passage of the Statute of prohibitions He also added, in the caso of Goodenough against Manning, that came up before the General Term of tho Superior Court, an order of reference was made in that case by Judge Brady to Judge Alker, of the Marine Court. An appeal was taken on this order of reference, and the case was Pot eet before the General Term in October, 1871, before Judges Ingraham, Barnard and Cardozo, and they decided to reverse the order of appeal, as the Marine Court was not a court of record. Mr. Dennison also wished to testify in relation to the letter of Jndge Curtis about the receipt of $200, but the committee declined to hear any hearsay state- Ment in the matter. Mr. Dennison then read a let- ter Mr. Brook had written to Judge Curtis, in which the former denied all the statements in regard to his having been in business with Judge Curtis, and that he had only been in New York one year. Mr. Randall came forward and requested permis- sion to produce a letter he had written to Judge Curtis and the answer in reference to the statement made by Mr. Goodhart that Judge Curtis had made use of the remark, “ph, ‘a I know him to bea damned scoundrel.” ie letter produced by Mr. Randall from Judge Curtis said:—‘“The statement is @ lie, like all the other statements made by Gardiner and Goodhart. L one always found ihe and believe you to be an jonorable and reliable gentleman.” Mr, Randall also produced documents showing he had a right to ractice in all courts in Massachusetts. Mr. Ran- jall then wished to make some other statements in defence of Judge Curtis, but the committee declined to hear them, thinking that Judge Curtis should come himself. Mr. J. R. Heyward, attorney, stated that some two years ago he bronght an action for Ellen vs. Bowery gibt Bank, which her aunt had leftdeposited for her before she (the aunt) died. We made one Patrick Coghlan also a defendant; he was former husband of the aunt. The fund was eventually deposited in the United States Trust Company. The case came up before Judge Curtis; we stated we claimed the fund, and there was also a pending action. The defendant claimed the money as administrator to the de- ceased. We proposed to try the case on the record from the Superior Court, and we argued the case some hours before Judge Curtis and asked him to look at the papers. He said papers always con- fased him and he would rather I would keep the papers. The parties to the other action were atrick Coghlan vs, Bowery Savings Bank, and had served my client with papers as a defendant. Judge Curtis promised to decide the case in ja few days; Lfound that an order had been granted by Judge Curtis for the payment of the money; I found the whole record imissing at the Clerk's oifice; after waiting for some time [ was told by the Clerk was no use my _ hunting, as the would not be found; 1 looked Jud; Curtis and found he had sailed for Europe; I then moved, before the Marine Court, to restore my record; the case was heard before Judge Joachimsen and argued, and he made an order vacating all the proceedings before the ir- regularities began; I then sued the Trust Company and failed as yet to get the money; I have also brought an action against Campbell, to whom the money was paid; but have failed, so far, to get any redress; the latter case, which came up before Judge Tr: last fall, he (the Judge) ruled out all my evidence; in reference to the abuse made use of by Judge Shea, on the 19th of March, I wish to say I was present, and there was no abuse, but a careful argument and seemly state- ment on the part of Judge Shea, Judge Davis then read the following letter from Judge Curtis :— Manixe Court, New Yonr, April 17, 1872. Dran Stn—Tho “gordian knot” cag be cut, as far as thls Court is concerhed, by the Legislature of the Commonwealth. I ee endeavored during this session to secure somé reform. TI requested the memberg at Albany to abolish the reference system ; to take away from the Judge of this Court the power fo sit In summary proceedings; to allow parties ag- rieved the right to appeal to the General Term of the Dommon Pleas from the orders as well as judgments of the Justices of this Court, and also to enact that the decision of the General Term of this Court reversing « finding of a Judge below should not be final but appeal- able to the Common Pleas, Hence the fight between my associates and myself. My remedy is, abolish the Marine Court, The Legislature is now in tesslon, There is ainplo time to do it “Thave no corrupt interests as my associ. ates have to protect by the — continue f rote! a tribunal ‘that ‘no longer, stituted, fulgls a healthy I refer’ to those three who made such a melancholy apectacie of themselves the other hight. With {he sin exception of the Stokes case {have never kavwin aceied arties ustirping the places of witnesses and jury, Yours, ruly, GEORGE NM. CURTIS, To Judge Noan Davis, The committee then went into secret session, and ag at present mission. Associates: the pees session was adjourned until Tuesday evening, re rials Da 4 Teg gabeern— We eeacaeesteeene linemen THE OGEANUS DISASTER, The River Dragged for Thres Miles from the Scene of the Disaster—No Additional Bodies Found. Sr. Lovts, Mo., April 19, 1872. Captain Thomas W. Rea, who left last Monday for the scene of the late explosion of the steamer Oceanus, with,the intention to recover, if possible, the bodies of those lost by the disaster, returned to-day, and reports that he, together with Mr. Fisher, carpenter of the steamer, and four men, dragged the river from the point where the Oceanus exploded to the place where she sunk, three miles below, but found no bodies, ‘They also explored both the Missourl and Miinois banks of the river as far down as Cairo, but the only thing Mat found was the body of one lion cub belonging to the menagerie that was on board the steamer. The 11 has risen seven feet since the explosion, but Captain Rea left Captain Connolly in charge of the men, and the search will be contin- ued,” It ia believed the bodies will float soon, and, as the water is quite still, owing to back water from the Olio River. all that do rise can be easily securea, FANNY HYDE. Fifth Day's Proceedings in the Trial of the Alleged Murderess of George W. Watson. Samming Up for the Defence by Ex-Jadge Samuel D. Morris. The Brooklyn Court House and the approaches to the room of the Oyer and Terminer were besieged Aa early a3 ning o'clock by an immense crowd of eople, allanxions to witness the closing proceed- be in the trial. The interest {n the case increases as the trial draws to a close; in fact the case has been the subject of universal comment in Brooklyn since Monday last, when it was called on, No criminal trial has ever taken place In that city which has excited so general and widespread Interest as that of Fanny Hyde for the murder of her seducer, George W. Watson. Tho announcement that the summing up on be- half of the prisoner would take place yesterday at- tracted to the Court House hundreds of people who had not attended on any of the previous days. The at tendance generally has been confined to acertain class, who crowded the court room every day, but yesterday there was noticed among this class an entirely different element. Citizens of wealth and standing in the community, and many more ladies than usual swelled the throng and remained there until the close of the proceedings. As soon as the doors were opened a grand rush was made for the interior, and in a few moments the chamber was crowded almost to suffocation. Policemen were stationed at the doors to keep the crowd back, which was found to be a very dimeult duty to perform. The prisoner was taken to Court at half-past nine o’clock, and provided with a seat beside her counsel and near her relatives and tm- meiiate friends, She appeared to be somewhat uneasy for time, but shortly afterwards recovered her composure, saage Tappen and Associate Justices Voorhees and Johnson took their seats on the bench at ten o'clock, and the proceedings were opened by Dis- trict Attorney Britton calling Lorenzo D. Tice, the undertaker who officiated at the funeral of Mr. Watson. He said he found a bruise on the left part of the forehead and another to the left of the nose, extending to the cheek bone; he did not find any injury on the forehead other than he had described; there was no injury on the face that cut through the skin. Q. Was there any marks on the face that could be designated as scratches ? Mr. Morris objected on the ground that the ques- tion called for an opinion. Q. What would ye call those wounds on the face? A, Had I not known the circumstances of the case I should have said that the man had fallen and been dragged on the ground, Dr, Holmes, who was called upon to obliterate the Injuries upon the face, said that there was an abra- sion of the skin over the eye, another on the bridge and another on the side of the nose; there was also alarge one on the top of the head (Mr. Watson was partially bald) ; none were suficiently deep to cause an issuing of blood more than from the veins of the skin, Archibald B, Backman, proprictor of the factory where Watson, was killed, was next called. Q. In the spring or summer of 1870 did you dis- charge the prisoner at the request of Mr. Watson? A. I discharged her by his direction in the fore part of March, Q. Having so discharged her, how soon did she come back to work again? A, She did not work for a week after that; Watson was absent at the time and remained away two or three weeks. Both sides here rested. Mr. Morris Informed the Court, in reply to a ques- tion, that he would take the greater part of the day to sum up the case in behalf of the prisoner, and asked that a short recess should be taken before he commenced his address to the jury. Judge Tappen thereupon directed a recess until eleven o'clock. The Court reassembled at that time, and Mr. Morris commenced his address, He spoke for six hours, concluding his remarks at five o'clock, In the course of his speech Mr. Morris said:—T say in this case matters have been strained from beginning toend. When this unfortunate girl was on the stand it was only through her tears that she could testify, and after the cross-examination coun- sel objected to my pursuing the examination any farther; but no judge in the land would apply any such technical rule in such a case. Such a rule would not be applied among savages. Was that a desire to elicit all the facts’ Suppose I should have been wrong and subjected myself to a technical rule which would debar me from eliciting any additional testimony, do you think it would be the duty of the Court to exclude any additional facts from you and thus hang that unfortunate girl? The shut- ting up of that testimony meant blood. The District Attorney said we did it as a trick; but suppose it ‘was go, do you think it was the duty of the prosecu- tion to shut up testimony for that reason and keep back facts which were necessary for you to know in order to form your Judgment f Supposing he knew there were facts which would be a complete vindi- cation of the prisoner, what under such circum- stances should you think would be the duty of coun- sel forthe people? Why, to put the witnesses upon the stand, for thisis nota case of blood-hunting, this is a court of justice. Is it right that the prose- cution should seek to take the life of one of the peo- ple by excluding testimony which they have not the power to contradict ? Mr. Morris contended that the prosecution had not proven the prisoner guilty of murder in the first degree. He alluded to her seduction by Watson, to the latter’s conduct toward her, and then pro- ceeded to consider the question of Fanny’s in- sanity. He said:—When this assault was commit- ted upon her, {t was the spark which fired the train, and in an instant she became insane and irresponsible for what she did, “Is she insane now?” said they. ‘Oh, no,” said the doctor, “but there she ts, gentlemen, all there 1s of her, and she a wreck.’ Now, what is this impulsive insanity? We have had evidence of this hereditary taint; added to that we know she has been suflering from disease for many years, and that alone, if accompanied by a sudden Bhock, is of itself sufficient to produce this tempo- rary insanity. A “powerfully exciting cause,” say the authorities, will produce this disease, and can ‘ou conceive any more powerfully exciting causo han when a young woman, suffering as she was, should be attacked by a man and have such an in- famous proposition made to her? If you can, when you retire to your room I should like you to weigh the matter well before making up your minds. The authorities tell us that this state will cease in a few years, but say the lawyers, ‘Don't it have its season of incubation?’ Yes, it had been going on for years; it was hereditary; every pang she suf- jered, every tear she shed, every wild expression she uttered, and when she sald, in Washington, “[ feel that there is @ curse hanging over me,’ was insanity not then incnbating ? Insanity, we also know, may be produced by a profound moral shock, and itis not strange that if a person can be de- _ of lis reason by news of good furtune that ie should also be so affected by that which will stir the soul to its utmost depths, And yet, say counsel, “It must have its period of incubation,” and is it not strange that the doctrine of im- pulsive insanity which has been declared for the last fifty thie) should now, when we are trying a defenceless woman, be all blotted out?’ But youare not going to hsten to that, for he must give you reasons why the theories of all these eminent medical authorities should be wiped out. With the evidence in this case and the authorities of the facts you are asked to convict this unfortunate woman, but not for a moment do I bel you will doso, You will say, “Slip those bor and let her go free.” Counsel seemed to imd¥ine that if the party had any recollection of what occurred that was proof of her sanity, Why, gentlemen, there is nothing more common than such instances. Go out to Flatbush and you will see it exemplified. Go through the institution there and you will discover many who display no trace of insanity. But ask for the girl's history and you will find another victim of the libertine. If all those unfortunate women could tell what their experiences have been they would a tale unfold which would make humanity stand aghast. Mania of this kind has lately been spoken of as destitute of any foundation in fact, but 1am not aware of any writer of any mark for the last forty or fifty years who has not recognized its existence. Are they all wrong? Are you going to say that they are all wrong, and going to wipe out their united authority, on the mere assertion of a person who has not made the study a specialty? Most of them have recorded cases which have come under their own observation ; they have seen its de- yee ment sna Watched its manifestations. Dr. farvis refers to some Seventy-five cases of the dis- ease which have come within his own observation. The authors who pretend to eet on it are a upit, No author contends that a pefkon whose fe) Rad been perfectly sound can become insane all at once, and I d ot ~maintain such a position. you ays this case dealing with a mee rons disease; the operation of the fniid and the intellect. No one can tell me what it is, How many different manifestations it has in life! All the chords of the mind may be sound except one, and when that one is touched the whole frame gives forth its wail of woe. And yet counsel proclaims that all these doctrines are un- sound, notwithstanding all the authorities and verdicts of the past. You will be told in this case that it is your duty to d what is left of our un- fortunate client to the scaffold and then strangle her to death. Mr. Morris referred to the cases of Miss Harris, who shot Burroughs; of Amelia Nor- man, of Plerce and others, where verdicts of not guilty were rendered, on the ground of in- sanity, and asked if there was fhsanity in those cases was there responsibility in this? He closed Danae eloquent appeal to the jury to acquit the The prisoner wept frequently during the delive! of the address, A number of the Farymen anc many of the spectators were also affected to tears. On several occasions the audience aj planded Mr. Morris. Judge Tappen threatened to punish the offenders if there were any further demonstrations. At the conclusion of the speech the Court ad- journed until nine o'clock this morning, when Dis- trict Attorney Britton will begin his address to the inrv for the people, “WE, THE PEOPLE.” Leeture by Anna Dickinson at Cooper Institute Last Evening. Strong Attack Upon Philadelphia and Enthusi- astic Endorsement of Cincinnati—Some- thing About Primaries and Land- Grabbing Millionnaires and War Legislation. Miss Anna Dickinson lectured last evening at the Cooper Institute, on “We, the People.” There was @ very good auttience, though tho hall was not ab- solutely fliled, and the meeting was marked by a fair degree of enthusiasm. At a little after eight Horace Greeley escorted the fair lecturer upon the platform and introduced her in a speech of a hun- dred words. Miss Dickenson, having arraigned the people of indifference and carelessness to the moral welfare ofthe nation, espectally as shown in permitting such @ hideous growth of vice and ignorance, the neces- sary consequence of a vast alien pauper population, to flourish unchecked among us, said :—I believe we can fashion these evil Influences to good, however, if we choose to govern the country as @ school, wherein right can be learned. If we choose to govern! Itisa matter of very small moment who ison the throne if there Is a power behind the throne greater than the sovereign. Who governs this country to-day? We, the people! Not at all. The President, the Senate, the House of Represen- tatives, the State Legislatures? Not at all. Is it the great body of the people—the rank and file? There is no man here who does not know that I state the truth when I say that the governing power of this country Hes in the PRIMARY MEETING. And what is the primary meeting—the place where foreign and domestic ignorance are to learn the alphabet of democracy? ‘They are places 80 bad, 80 vile, so crowded with vice on the one hand and ignorance on the other that the great masses of intelligent and respectable men shun them as though they were lazar houses, We, the people of this country, are building our honses on sands—shifting, dangerous, uncertain—on —_ people without intelligence, without culture; people who are loud in clamoring about the rights of citizens and know little or nothing about the duties of citizens. And what, again, of the house builded on the sands? The rains descended, and the floods came, and the winds blew and beat down that house, and great ‘was the fall of it. LAND-GRABBING AND RATLROAD MILLIONNAIRES, What else save this indifference to the primary meeting on “the part of respectable men can ex- plain the legislation of Congress for the past few years? The primary meeting gives power to the few, who go there to scek it and find it, And what do they with this power? Use it for the benefit of the people? Assuredly not. What else save our indifference to primaries can explain the strange spectacle of the country seeing its lands given away to corporations? The people sit still while a few here give to a few there the lands that should be the heritage of your sons and your sons’ sons in times to come, What governs your own State of New York? What governs New Jersey or my own State of Pennsylvania’ We, the people. Nobody believes it, State after State 1s governed by adouble line of steel rails and the man who governs and controls them. THE POOR POLITICIANS. What else can explain the indifference and the supineness of the people at the way public moneys are gathered together and the way they are spent, and the sort of people who gather and spend them? Itis as true of Washington as it was when Juvenal said it of Rome, “What should a man of truth and honesty do at Rome?” To say “professional poll- tician” means in the minds of most people in this country “professional thief.” There can indeed be no question as*to whether there isa great deal of wrong, and whether it should be righted. AndT think we, the people, are responsible, since we make the governinent. We OUGHT TO HAVE astate of opinion that w i drive the people— every man—to the primary meetings and from there to the polls, since it was no more essential to this country ten years ago that men should carry muskets to the fleld than it is essential to-day that men should carry ballots to the polls. It seems to me that there ought to be a state of public feeling that would brand illegal voting as a felony and as treason, since it makes the minority rule, and that wuld drive every man to the polls to exercise his right as a freeman or compel him to renounce a right that he held too lightly to use. iss Dickinson then discussed the legislation ren- dered necessary by the war, and claimed that though it had been right and proper to adopt cer- tain methods of government when the life of the country was at stake the need for such exceptional ae vet aah legislation had passed. She con- inued :— WAR LEGISLATION. We have had our war and our ends and methods of war. What hascome of it? We are continuing in our time of peace the methods we used in our time of war. We had the suspension of such and such laws and the enforcement of such and such strange and unusual rights and Pen They were needed. We have now ad the President of the United States granted the right to suspend over one half of this country the almost divine right of habeas corpus, whensoever in his own private and individual opinion the public good may require it. Granted that he exercises the right carefully and well, granted that in noone case—andI only grant that for the sake of argu- ment—has he transgressed or gone one step be- one the line that any of the people would desire im, thatis not the question. I want to ask you what sort of an idea of legal and constitutional right the President can have who accepts such power or the people can have who yield it. Our resident to-day is granted a power that England would not tolerate in the hands of her Queen in time of war. INVESTIGATIONS. We have had our papers full of investigations and charges of corruption, There is our Secretary of the Treasury who has a loan to place. He comes face to face with a wall in the shape of a law. What does he do? Go around it? ‘Turn back from it? Ask the people who make the laws to beat it down? No. He tramples it under his feet; he walks over ft; and the party in power by a strict party vote in Congress declares that he has done no wrong THE FRENCH ARMS SCANDAL. Our papers are full of things about the sale of arms to a certain Power under certain circum- stances, Certain ae say that itis proved that the Secretary stole no money, and therefore, say they, nothing has been proven by the investigation, and Greeley and Sumner and Schurz had better hide their diminished heads in shame. Has there nothing been proven? It was proven by that investigating committee that the whole question of that sale of arms, involving United States law and international obligations, was passed over for ge teremtene into the hands and judgment of a subordinate officer of a subordinate bureau. Now, Ll say, it would be com- paratively a small matter if it had been proven that the np hg of War, or his friends, had stolen the whole ten millions and put it in their pockets, in comparison to the proof given of the utter deflance, indifference, negligence of Congress and people concerning law and international obligations. Miss Dickinson next spoke Ce the amnesty question, and defended universal amnesty on the round that we had tried to rule the South and had frat d, and that we ought now to let the few hun- dred ‘leading men there, who were at present shut out from power, cause they were too honest toperjure themselves, try their hand at doing 80, She then sald j—, Witar THe Wak AMOUNTED 70. People taik about the war as though t rer was complete in itself, a something that had its own be- inning and ending, and that stood apart from all he rest of the time before and the time to come, The war was only an act in a drama. What men did then they did not for the life or success of a party, but for the life and success of the nation. It was simply art and parcel of the bad eb of the country. They did good and they did evil in their work. The question is now, “are the good and the evil alike to be honored’? Many things had gone down in the war, such as slavery. The question is now, are we to stop there? eh says, “Enough has been done, and the war having done so much let us keep what the war did.” Cincinnath says, “Enough has not been done; let us keep what the war has done, and let us add thereto.” “Ay,” but, say they who go to Phila- delphia, 80 say we also.’ But do they mean it? Saying and meaning are very different matters, THE OFFICE HOLDERS’ CONVENTION, Let the formation of their Convention answer. At Louisville, the other day, I was at the Convention and counted seventy-six office holders in it. How many more there ere I do of know. And Mr, Forney gays that thé w king ol the Pennsylvania Convention was n disgrace to the party, although he also says that it is proof positive that we, the beople, have endorsed the action and the nominee of the Philadelphia Convention. Let the purpose of the Convention answer, For what is it called? To re-enact the second term principle, aud to quash all eiforts, therefore, necessarily to- NEW YORK HERALD, SATURDAY, APRIL 20, 1872—TRIPLE SHEET. : wards civil gervice reform. That Convention pro- fessedly is in favor of what the people earnestly de- sire—clvil service reform. ROUGH ON SOMEBODY—NO NAMES, But can it be believed that the men composing it are in earnest? Look at their récord, You have one from New York. You can write your own re- cord about him, We have one from Pennsylvania. Ilis own party wrote over him long ago the verdict “common thief.” It has such men as the man from the Northwest who calls Mr, Sumner a traitor to the principles of the party, when he himself made his first war speech in 1863, It is indeed useless to enumerate the men on the other side. people know them gud their record, TNE TYRANNY OF PARTY, And what are the methods they use? They brand every man who is earnest for reform, as a traitor to The his party. Yes! the American man or woman who dares to lift his or her eyes to the White House to examine is de- nounced as a traitor to God and country alike. My administrative friends, remember, I beg you, that no man in the government is too high or too low to escape the investigation and the judg- ment of the people who have entrusted power to his hands, But they say by this criticism you im- peril the election of the omy man who can be elected, Then, if that be so, it is time that it is not a principle but a man who will go to the White House for the next four years; and in that case the party that was made of and for principles can have no part or lot in such a struggle, Ifitis true that it is but this man and this man alone who can be elected, then the repub- lican party in its principles is in a minority, and it ought to get outof the way and let the majority ie. “QHE ONLY MAN.”? Why, then, the only man? You are told he was a soldier. A million of men can urge their claims to the White House on equally good ground. Then he was the conqueror of the rebellion Jam making, perhaps, a very unpopular statement, but I think I am making a true one, when I say that if there ever was a war fought In the world that was fought to success in spite of its gencrals and commanders, it was this war, (Applause.) I want to add that the man who asserts in his support of this same candidate for re-election that he should have because he conquered sults the common sense of the peopl insults the soldiers who fought — behin them, insults the dead blue coats in thelr grave: When the monument is built that will fitly o memorate the hero and conqueror of this war it will lift to the clouds, not the figure of a man, but the statue of a nation, ‘Then tt Is sald he COLLECTS THE REVENUE and lowers the taxes and i bayhiait ublic debt. If iwere a foreigner recently arrived here I should the rebellion, — in- imagine from the way this {is talked of that General Grant collected all the ° enue himself; that he had enacted all the legislation about taxation himself, and that he was suiticiently magnanimous and generous to draw his own check and pay the national debt every month out of his own pocket. But it is oMcers of th county who collect the revenue, and it is the people of the county who pap the public debt and will co! tinue to pay it. And again it is sald, “he knows nothing about polities; he is only a blunt, honest soldier.” A good reason, I should think why he should stick to the work he docs know something about and leave the work he does not understand to other hands, But say some, too, “he is only learning what to do; Will do. better next term, Why, then, not give him a lite term at ou THE REPUBLICAN PARTY STILL STRONG. But I believe that the principles of the repubi party do not depend upon the election of one man; they are held by the great majority of the people of this country, and, believing that, I know they can elect ahy mau they choose to place to the front. I believe ‘there are principles suficient to elect the man, Choose the man, then, without consulting or considering expediency alone. CIVIL SERVICE REFORM, They say that this man belicves in civil service reform, and, therefore, he ought to be the }man ‘for the civil ‘service reformers to nt to the front and support. Believes in civil, service reform! That means y much administration and very little people. Is that What this man and his supporters believe in ? ‘The man who is in the White House to-day is a sol- dier. His methods of thought and work are those of a soldier, Obeys orders, does he? Ay, and en- forces them, too. REMINISCENCES OF GRANT. It would be a good thing for some of his friends to remember that his first publie act was to strike down the two men who had sup- ported his arms and held up his hanus when they would else have fallen down. 'The peo- ple say to their representatives in Congress, “Stand powers in the White House concerning cer enactments in the South.” And the first political act of this man was to strike down the two men who had done more to sustain his great fame and name than all others, and Edwin Stanton Was one of them, and so from that point on. His first oMcial act as President was to call out thata law that had existed for a con eay should be swept off the statute book, because it stood in the way of his placing one of ‘his friends in power. And St. Domingo! Yes, he respected the will of the people, but only when friend and foe alike demanded that he should do so. Miss Dickinson then reviewed the deposition of Sumner, and concluded by asking why, If Cincin- cinnati were, indeed, as contemptible a political movement as was claimed, the administration pay did not allow it to die a natural death, or at least ignore it, as they did the Workingmen’s Con- vention at Columbus, the temperance and woman's suitrage convention THE WILSON INDUSTRIAL MISSION. The annual meeting of the lady managers of the Wilson Industrial Mission was held yesterday after- noon in the mission house, on the corner of Eighth street and avenue A. There were a large number of ladies present, who are interested in the school. This institution was organized about nineteen years ago, and now embraces a day school, from nine A, M. to three P. M., which ig attended by two hundred girls, who are in- structed in the elementary English branches, and, after a hearty dinner, are taught sewing by hand, while making their own garments, which they earn by @ system of credit marks, thus securing them from the pauperizing influence of — indi criminate gratuitous distribution. There also industrial classes of girls from twelve to twenty years of age, who are taught dressmaking “and family sewing. This institu- tion relies wholly for on volunta contributions. Its annual ex, economy, amount to $9,000, resided at the meeting, and after the Rev. ‘obinson had offered up prayer Miss M. Collins read a very interesting report of what had been done during the past season in the schools. Mrs. J. Van Vechten then read the report of the mission- ary committee, and the Treasurer, Mrs. William Ransom, read ‘a report of the year's expendi- tures and receipts. The Rev. Dr. Robin- son and Mr, Wetmore made short addresses, after which the meeting closed. The chief wan of the institution appears to be money, and the lady managers are sorely in need of $10,000. Part of the above amount is wanted to pay off a debt upon the mission house and the remainder for the purpose of building a chapel on a vacant lot which they own, adjoining the mission house. Several ladies subscribed to the fund before leaving. NEW YORK CITY. —— Ex-Alderman Patrick Lysaght, of the Sixth ward, was arrested yesterday and taken before Judge Dow- ling, at the Tombs Police Court, on a charge of hav- ing violently assaulted Francis Johnson last Friday night. He was held to bail in the sum of $400, Detective Heidelberg found Joseph Hunter in Houston street yesterday afternoon’ with some cloth under his arm. from which he was tearing off the labels. The oficer arrested him, took him to Police Headquarters, and wiil have him detained there until an owner is found for the property, Coroner Young yesterday held an inquest over the remains of Mr. Reed M, Take, late transfer clerk in the employ of the New Haven Railroad Company, who dropped dead, corner of Sixth avenue and Twenty-seventh street, on Thursday evening, while walking with a friend. He had long been suffering from rheumatism, dyspepsia and heart disease, and from the testimony before the Coroner the jury rendered a verdict of death from disease of the heart. Deceased was thirty-four years of age and a native of New York. The remains were taken to the depot of the railroad company, where deceased had rooms. Yesterday morning a resident of New Jersey, named James Collyer, while crossing the ferry from Hoboken, entered into conversation with two fel- low travellers, who, on reaching New York, invited him to partake of a matutinal libation. Instead of taking him into a saloon, however, they inducted thelr victim into a dark hall, and while one was retending to knock at the door Collyer, feeling a ‘ug at his watch chain, felt for his timepiece and found it missing. The Jerseyman collared one of the har ire ore and maintained his hold upon him until an officer arrived upon the scene and took him into custody. The accused said his name was Patrick Powers, and Justice Dowling, the Magis- trate before whom he was taken, held him for trial. The Legislature having called on the County Clerk and clerks of the minor Courts for a return of the fees received under the Jury law since its pas- say Deputy Clerk Gumbieton has made up a re- part covering 248 pages, containing the follow: ing :— Judgments by consent... 8 Beinper patents 5 stricken off ‘the calen- Inquest... U 36 dar , cae Settled ‘gy withdrawn wee 8 Blscontini @ Total a) Dismissed. F Amount recelved. ber 4} Amount repaid... Amount on hand, vagneanmae gy regaragss PLATO this place and this power | | of judd THE REFEREE SYSTEM. Opinions of Judges of the Supreme, Common Pleas and Superior Courts, General Desire for Reformation—The Ap- pointment by the Governor of a Stand- ing Body Recommended. The Bar Association have under consideration & bill to be presented at Albany for the reform of the Judiciary in this city, and especially the “referee system,” which has become a serious question in large circles and led to much corruption both on the bench and in the bar. Nepotism and favoritism have in many instances marked the appointments made, and this has eaused almost every selection by. the most impartial judge to be scrutinized sus- Piciously and insinuations made that cast a slur which can neither be explained nor denied. Most of the judges in the following interviews have expressed sentiments favoring a reform in the system, but there is a diversity of opinion re- garding the means, as some are in favor of having a Board of Referees appointed by either the Gov- ernor or Mayor, while a few think it advisable to continue the present system, but to confine the giving of references solely to cases referable under the laws, A HERALD reporter, desiring to ascer- tain the confilcting views of the judiclary lights on this vexed question, made a tour yesterday of the various Courts, and heard the ideas and suggestions of Chief Justice Daly, Judge Brady, of the Supreme Court; Judge Monell, of the Superior; Judges Lar- rimore and Loew, of the Common Pleas, and Judge Curtis, of the Marine. The reporter first paid a visit to the Common Pleas, and was favored with CHIEF JUSTICE DALY'S VIEWS, He sald the referee system was indispensable to the administration of justice, and was in a measure asatisfaction to both parties, as it brought them together in a less formal way, and minor points were solved which would take up the time of the Court to a greater extent than would be advisable, ‘The course he Invariably pursued when the oppos- ing counsel failed to agree on a referee was to re- quest them to name five or six members of the bar, and from this list he made a selection, and if the name was objectionable to either party another was chosen, The law, as it present existed, if honestly administered, would meet all the requirements, ‘The old style of having masters mm chancery was objectionable, and as) impossibie to introduce French system into this ¢ , With its multitude without an organte change in the constl- by our form of trial it would be imp jury to remember all the minute de- in France testimony is taken before is begun, Whereas the fundamental prin ciple of 01 stitution favors oral examination, as the appearance aud manner of the witness have @ corresponding effect on the jury, and nothing would be gained by going back to the Frencn system. he thought it JUDGE BRADY, of the Supreme Court, was in favor of appointing permanent referces, as it saved them the trouble of selection and being importuned by needy lw yers and dilapidated members of the judiciary. He thought that about fifty“ referees should be appointed by — the Governor and confirmed by the Senate, but as to the method of selection no decided opinion could be given. The Governor, he supposed, would be influenced by the same considerations as In the appointing of notaries, and no doubt the recom- mendatiou of the Bar Association would have due, but not preponderating, influence on his selection. It has been proposed that at the General Term of each district a certain number should be appointed, but thought the previous jlan preferable. Though nepotism should be guarded against, yet there were cases In some relations of life, when known, proba- bly should have its weight against the untried honesty of the stranger. If it were not for the en- gagements of counsel the Courts could accomplish a reat deal more business, as those who plead are few He should like tosee some measures taken to dispel the dissatisfaction that seems to exist, and as the Governor of the State is a lawyer himself he would undoubtedly make proper selections and devise a plan for choosing proper men, irrespective of the profoesion of the occupant of the gubernatorial chair, JUDGE MONELL maintained that only cases referable under the law should be given to referees, and in no case should areferce be appointed unless the contending par- ties were mutually agreeable to his nomination by the Court. A board of referees would be objection- able, as it was found so under the old Master in Chancery system, because it became compulsory on the Court to appoint referees who were objection- able, The responsibility of choosing referees should rest with the bar, and not with the judge, who should have guMicient latitude allowed him to make an unquestidnable selection. The power of referring cases ought to be used very sparingly, a3 in actions where the right of trial by jury is se- cured by the constitution the litigant Shoutd have the benefit. A proper exercise of the power of the Court will of itself remove allobjections to the referee system, Individually he never appointed the same person twice. He was constantly in re- ceipt of letters from eminent members of the Bar, who had sat on the Bench for cases; but, of course, such applications — were perfectly Ihe reporter suggested that roper, the Engl system of having barristers might be Introduced to advantage, as it was rather infra dig for a member of the bar either to solicit cases or reference, and in Great Britain no barrister ever secks employment from his clients. ‘The Judge was not prepared to give an answer to this question, but was decidedly opposed to having distinctions at the bar, for the appointment of a board of referees would give its members a certain rank and status. He was present at the convention for the revision of the constitution in 1846, and was in favor of abolishing the Superior, Common Pleas and Marine Courts and making one Supreme Court of twenty Judges, where there could be some uni- formity in decisions, As at present they were diametrically contrary. The panacea, in fact, for this evil was, as before stated, only permitting strictly referable cases to leave the Court. JUDGES LARREMORE AND LOEW, at the time of the reporter's visit, were in Cham. bers. Judge Loew would be happy to have the power taken away entirely of appointing referees from the bench, as it had always been a bone of contention, Where both parties were agreeable he appointed a referce, but never otherwise. Was not, however, in favor of standing referees, who were a sort Of monopoly, and it was very hard to find in a limited number just the person who had the —— qualitications, Judge Larremore did not believe in taking the power of feponting referees away from the Bench. He would have Governor appoint forty members of the Bar, to be confirmed by the Senate, and from this body referees should be chosen. References were indispensable to Court, but the commercial tribunals of France could not very well be substi- tuted for the referee system, as a difficulty existed in giving evidence according to rule, which re- quired a certain amount of legal education. This objection was obviated by the written testimony taken in France, JUDGE CURTIS, of the Marine Court, maintained that the animus of the Bar Association directed against him was on account of his desire to see tlw referee system entirely changed and the power taken from the Judges Cs of appointing referees. He wrote a letter to the Legislature advising the taking away of the power of Judges of the Marine Court to sit in summary _ proceedings, and this caused the personal enmity of Judges and family connections immediately benefited by its existence, and the humiliating spectacle has been witnessed of three Judges of the jarine Court going before an unauthorized and illegal body of irresponsible lawyers, who act both as witness and jury. The only way to destroy the referee cancer {3 to cut it out, and, so far as regards the Marine Court, no new power should be given it. If he failed to pass certain reform measures would try to secure its abolition. If refere to be employed (and they are not necessary, for any Judge who Is willing to work can do all the requisite business, and references only encourage nepotism and corruption) he would suggest, so far as the Marine Court goes, that the power be vested in’ the Mayor of the city to appoint ten standing Liha] who should be men of unquestionable integrity an ability. carte OUTRAGE AND MURDER. Boston, April 19, 1872, Last evening a man named Willlam Maines, re« siding at 550 Harrison avenue, left his wife in com. pany with his brother James, who had recently come to Boston from New York, and on his return } r his brother informed him that he was bots owas," asserting that his wife was dead. Wiliam alarmed the household, and, in company with his landlady, entered the room, and found his Wie dead on the bed, with her head resting in a pan of water on the floor. It is sup) i that he attempted to outrage her, and in the scufle, to save exposure, killed her. He was arrested, SUICIDE IN WEST TENTH STREET, At half-past eight o’clock last uight Frita Vuemé, @ Swede, nineteen years of age, living at 5834 West Tenth street, was found in the wood cellar “hanging by the neck. It is supposed the unfortunate youth committed the rash act tn a fit of depression caused by want of employment. He had uo friends in this country, and being of a nervous disposition his ition had a very depressing effect upon him. Will hold an investication : 4 abies Oticicantepsiines : '