The New York Herald Newspaper, April 26, 1872, Page 4

4 NEW YORK HERALD, FRIDAY, APRIL 26, 1872—TRIPLE SHEET. MURDERS IN PITTSTON. The Assassination of Wisner Cleared Up. Le A SELF-CONVICTED CRIMINAL, wa coat A Notorious Thief, Taken for Horse Stealing, Admits the Murder. A REMARKABLE CASE. While Incarcerated for Felony Davenport In- forms His Fellow Prisoners of the Cold-Blooded Deed A GANG OF CONVICTS IN COURT. No One to Give Evidence in Be- half of the Culprit. VERDICT OF THE JURY. Pittston, Pa., April 24, 1872. Pittston has been three times thrown into a state of excitement since the 4th of January, and the first case has just been tried and a verdict rendered this evening. The case at the time waa one that created the greatest “hubbub” in Pittston and vicinity. The victim was a highly respectable citizen of that Place, a carpenter by trade and a sober and indus- trious man, about forty years of age. The murder ‘was committed on the night of January 4, and, so far as the circumstances were found to exist and afterwards ascertained on the trial, which ended to-day, are as follows:—Wisner had been among Some compantons in the afternoon, and, according to testimony before the Coroner's jury, deceased had been indulging tn extensive libations of ale and Whiskey; but at about nine o’clook in the evening he was seen to leave a saloon In the NEIGHBORHOOD OF THE JUNCTION, in the upper portion of Pittston, where he Was found dead on the morning of the 5th, lying be- side the Lehigh Valley Railroad track, at the bottom. of a wall fifteen feet high, and upon which the main Stroet of Pittston isbuilt. After leaving the saloon mentioned above he was not seen again until found dead, as above described. The Coroner's jury, after several sittings, were unable to give the smallest key to a tangible story as to the cause of his death, but upon the probable facts elicited rendered this verdict:—“That the deceased came to bis death at the hands of some person or persons unkuown.” In a few days the lodge of Odd Fellows of which he Was an honorable member offered a reward of $500 for the apprehension of the murderer, and the Borough Council of Pittston supplemented the re- ward by an additional reward of $500, MAKING THE REWARD ONE THOUSAND DOLLARS IN ALL. This large sum of money was calculated to, and did, create considerable excitement among the de- tective officers of this valley, but the most deter- mined efforts failed to accomplish the end sought. Some three weeks afterward a man arrived in the borough of Pittston, mounted on a handsome brown mare, and the suspicions of the Chief of Police, A. G. Milligan, were aroused. The latter knew the Tider as a noted thief, having upon a former occa- sion arrested him for stealing mules. This man was known as Davenport, with a string of ugly allases. Davenport was arrested upon suspicion of having stolen the property and pd in the borough lock-up. ie next day the Chief's sus- picions were confirmed by the owner calling for his property and paying the Chief $100 for his reward. avenport was in due course sent to the county pheno at Wilkesbarre to await the action of the lourt. The case of Wisner had been quite lost be of by the people, but not 60 with the con- sclence of the murderer. DAVENPORT “BLOWING THE GAFF." Davenport soon made a number of friends and confidants of his companions in prison. A word now und then passed between the convicts within the hearing of some of the officials, and by assixt- ance of the Chief of Police of Wilkesbarre, M. A. Kearney, it was elicited that this same Davenport Was in Some way connected with the death of Wis- ner, if not directly the instrument and author of the crime. Detectives Kearney and Milligan were untiring in their efforts, and to-day’s trial proves the effectiveness of their energy. The case was opened yesterday morning before ©. M. Harding, Presiding Judge, and D. K. Morse and B. F. Pfauts, Associate Judges; District Attor- ney Merriman and Messrs. Palmer and Collins were for the Commonwealth; Lamberton and Farnham for the defendant. Several hours were occupied by witnesses describing minor facts pertaining to the death of Wisner and location of the body when found, which were published in the HERALD at the time of the murder. TESTIMONY OF HENRY MORRIS. Henry Morris was the first witness called for the Prosecution upon circumstantial evidence to com- mit Davenport, alias Jackson Sanders, alias Jackson Brown. Morris testified that on the morning of he of January, at about half-past two o'clock, ne came to his door and knocked for admis- sours sion; ty. Inquiry respecting who was there was re- peatedly de, and each time was answered “Friend: hy then got out of bed and went to the door and askeq .um What he wanted, and he replied that fe had bed ax'¥B town and got into a fight and he wanted to con.” 10. and wash the blood if of | his clothes; Morris told n..™ £0 80 to a hotel, and thé man left the door, but »_"°2, Morris had fairly opened it the stranger returm’: Walked into the honse, and then Morris recogni» 4, him as Daven- port, the prisoner on trial; his cloths."% Was muddy and badly disarranged, and he presente: 4 Vagrant fled to having seen tn the prisoner's possession & photogray tant the deceased prized very much, and had heard the deceased say frequently that he always carried it with him. Upon this evidence the prosecution rested their case, and the defence then declared their line of ac- tion to-be a denial of the truthfulness of the wit- nesses for the prosecution, and that Sanders never made the alleged confession, It being about the hour of noon an adjournment was asked until two o'clock this afternoon, in order to give the defence time to decide upon what ac- tion to take for their client, they pee been ay pointed by the Court to take charge of the defence without a moment's notice. NO EVIDENCE FOR THH DEFENOB, At two o'clock the Court assembled, and the de- fence stated that they had been unable in the short time allotted them to secure any evidence material to their client’s interest, and they would be com- pelled to sum up the case and submit it to the jury as presented by the prosecution, This was @ surprise to almost everybody in the Court House, and yet under the circumstances of tho extreme poverty of the case for the defendant, it was to be admitted that nothing more could have been done. Farnham delivered a very able address. to the jury, making an exhaustive search for the weak points in the case of the prosecution, and took his seat to be followed by Palmer for the pros- eoution. Palmer commenced his address to the jury by the pertinent inquiry, WHY, IF NOT THE MURDERER, had not Jackson Sanders endeavored to show where he was on the evening previous and at the time of the murder. He marshalled the evidence and facts elicited on the case in formidable array. The charge of Judge Harding was lengthy, revis- ing allthe material points in the case, and clearly ie impressively instructing the jury upon their juties. THE VERDICT—THR WRAK-KNEED PRISONER. At half-past two o'clock the case was given to the jury, and the Court adjourned until seven o'clock this evening, when the jury returned a ver- dict of guilty of murder in the first degree. Tho prisoner heard the verdict with @ strong effort at composure, but he could not help betraying the overwhelming internal emotions that heaved within his breast, and his face flushed to scarlet, his teeth were Lightly Gu Read and he vainly endeavored to prove himsell capable of hearing his fate without a sign of weakness or regret; but na- ture failed him. From the time of his first incarceration until now he has had no friends to gather near him and cheer his despondent moments, or counsel to give advice or arrange a plausible, or even the shadow of, defence. He tells your reporter that he has no relations in this vicinity; that hia parents and brothers, who are rich farmers in Lycoming county, know nothing of his situation, and that he did no know until two or three days since that an indict- ment for murder had been found against him, He was remanded to jail to await sentence, which will probably be given on Saturday of this week. The conviction of Sanders for murder in the first comnee is the first in six years in this county, and yet there is scarcely a Court sits but some one or more cases of murder are on the docket, But andes Harding, recently elected, appears to be a terror to evil-doers, and the citizens are in strong sympathy with his decisions. THE WIFE KILLER CONVICTED. ee James P. Hunter, a Decayed Drunken Sport, Pounded His Wife to Death—The ‘Woman's Character—He Pleads Guilty of Murder in the Second Degree. Pirrston, April 24, 1872. Immediately following Davenport’s case another jury was empanelled to try another murder case. James P. Hunter was indicted for killing his wife a few weeks since in Pittston under the following circumstances, in brief:—Hunter has been for a number of years addicted to liquor, and when in- toxicated became savage and brutal in the ex- treme. Neighbors have been frequently com- Pelled to rescue his wife from his terrible treatment. It is averred that upon several occasions heretofore he has pounded her until life was almost extinct. Before this occasion he got drunk while they were moving. During the even- ing several neighbors heard of the row in his house and went in to ascertain the trouble, Hunter had then already beat her, and the hair of her head was lying around the floor in small heaps. The wife, Margaret, was importuned to detail the cause and author of her injuries; but, in keeping with her reputation for PATIENCE, ENDURANCE AND FIRM ALLEGIANCE to her husband, even when under the most atro- cious treatment of the dranken brute, she declined to state the particulars. Her friends, at about nino o'clock in the evening, left the pair, both refusing to enlighten the neighbors and friends upon the matter. The next morning Chief of Police A. G, Milligan was notified that a woman was lying in a dying condition at a honse in Pittston borough, and before he could arrive there “Margaret Hunter, the wife of James P. Hunter, had breathed her last,” and without one murmur against the husband who had taken her life. HER BODY WAS LITERALLY BLACK WITH GRUISRS and stained with her gore. Her face was swollen almost out of recognition, and the hair of her head was hanging in blotches, with blood on the walls and scattered around on the floor. Hunter averred his inability to give any plausible \ theory for the death of his wife. When arrested he was yet drunk. After he had been tired beating her he had evidently laid down beside her on the floor and slept until morning, when, he said, he was first aware of her serious condition. He said to the Chief of Police, when on his way to the lockup, I have lived with that woman forty years, and f don’t see why she should get up and die now."’ He at one time held a high social position in Pittston, and his wife was a favorite in the Presbyterian church circle. HUNTER PLEADS GUILTY. This evening the trial of James P. Hunter, for the murder of Margaret (in the second degree), was begun, and, after hearing a number of witnesses, describing the above facts, as set forth, the counsel! for the defence interrupted the proceedings and ended the further argument of this case by pleading guilty to the indictment. The case will stand over until Saturday at least, when it is probable both Sanders and Hunter will be sentenced. “COACH” O'CONNELL CAPTURED. John O'Connell, the Last Man of the Late Tammany Imbroglio, Arrested and Held Under $5,000 Bail. John O'Connell, alias “Coach,” the man who is accused of firing the shot that went through MeNall, ‘8 coat, was arrested on Wednesday night and bréaght before Judge Scott, at Essex Market, yesterday. He is a tall, stout-bullt young man, about twenty-five years of age, with a light mustache and fresh complexion. He sald that he had been accused of running away; Appearance; when he left the house it Was Dearly three g’gloow, + “~" {8ABELLA MORRIS CORROBORATED her hnsband’s testimony and identified the prisoner ‘as the man who was there on the night referred to. John Rider, a boss on the Lackawanna and Bloomsburg Railroad, between Pittston and Scran- ton, was next sworn :—He recognized the prisoner as ‘the man on the day after the murder wh passed his g of men at work on the rallroad, ‘and who stopped a few minutes, gave the hands some whiskey and then urged that he must my on; he sald there wrt Me killed in Pittston Jas' ht, and they say m 2 + &% ie may be Observed that no one had accused Davenport of the crime, not even suspected him as the gullty person, and here follows the line of evi- dence against him, rela that he engulfed him- self into the misfortune of being upon trial for his life by his braggadocio and propensity for telling of “bigger deeds’ than other of his fellow convicts. THE MURDERER SELF-CONVICTED. Charles A. Boyle, late a prisoner in the jail, testi- fled that he heard the prisoner talking to O*Don- nell, @ fellow ee) ae about eeriieny on mur- der; the prisoner said, “I put the Ii t, any- how;" O'Donnell asked him how hé a nan ats replied that he struck him back of the neck and nocked him down and went through his pockets; e sald after he got something out of his pockets he baw three men coming vp and he pitched the man over the wall; Ho heard Lim aay something about a otograph and letter; he sui The photograph ; Tasked him if he was not afratd she would go back on him and he said, “No; damn her, she dare not;” he said if anybody should ev neal on him they had better make their peace with God; once, while O'Donnell was talking to him he said, “You know so much about it I will tell you something more; THE PELLOW WHO KILLED THE MAN was named Davenport, and there is a man in this jail who Knows him. ¢ prisoner was known in fait as Jackson eet and was so indicted. He said if he was found guilty of the murder he would “be damn d if he would confess if he was on the gallows.’ He said he would not disgrace his friends. DAVENPORT’S PHOTOGRAPH DODGE. « Charles Haney another convict, a resident of Binghamton, N, ¥., testified Bat he chi d the prisoner while in jail with complicity in the Nessier murder, and he replied that he always got out of every other scrape he had been fn, and he would get out of this; tha Ce could not prove soything against him. Hesaid that he got into a dim- culty with a man, and that he had shoved him over abank. He said that he would have finished the man so that he would never have got over it, but there were two men coming up the track, 60 he had to leave. He said if I would write him a receipt that I had traded horses with him, and give him to boot, he would show me a photograph he had got off this feliow’s body, AFRAID OF THR RUFFIAN, Fanny Stevens, another convict In the Jail, testi- fied she heard Sanders say that he took a photo- graph and a letter from the man who was mur- dered, and then threw him over the wall. She was reluctant about testifying because she was afraid of Sanders. KILLED HIM AND THREW HIM OVER THR WALL. Robert Campbell, in jal! for drunkenness, swore that he heard Sanders aay that he killed @ fellow in Pittston and threw him over the wall. He heart him say that he took a photograph from him. He said that he saw three men coming up just after he threw him over the wall, and then ran away. Mr. Baumgardner, @ merchant of Pittston. testl- a young girl had | but, on the contrary, he was on his way to deliver himself up when he was arrested. Captain Cameron came with him to the Court and stated that he had received a note from McNally, ing he was unable to be present. O'Connell was therefore held for examination. His bondsman was in Court, but as the formal complaint had been made the bail could not be fixed. The reporter visited O'Connell in his cell, on the second tler of Essex Street Prison, and found him im companion- ship with a monomaniac named Julius Lesser, who ested for forgery the day before— ar who talked about millions like a Vanderbilt or an Astor, and desired the reporter to state that he was Pog there merely through the treachery of @ false wife. After being com- elled to listen to his rodomontade for some time, he addressed O'Connell :— REPORTER—Mr. ee you are ac- d of firing at Inspector McNally. CUOCONNELL Yen, sir; there was a little row tn Fourteenth street, near Tammany Hall, and Iran up to see what it was. McNally pointed a big ett volver ful] at me and fired. I pulled quick an Tres , too. ree] hurt pt bes REPORTER—Did you see "CONNELL—Yes; I ey, it in the station house. erOnTRN—It wis close work. O’CONNELL—Yes; he would have been up in a balloon if it went in. Rerorter—Have you known McNally long? O'CONNELL— ; I know him three years, Rerorter—They say he whipped Owney Geoghegan once. O'CONNELL—What! him? He never put up his hands to a man in his life, If ever he gets in an | Kind of @ muss he pulls out a big pistol. Why, if Owney would strike him once it would break him. He is good enough to scare boys with, RePORTER—When do you Sinn to get ont ? O'CoNNELL—I don’t Know; he is playing off sick and staying away. He wants to keep me in here over night for spite The reporter then bia Mr. O'Connell good day. About half-past three in the afternoon McNally made his appearance in Court with counsel and made his formal complaint. He swore that O'Connell kicked him in the head from the Tammany steps to the curbstone, and then fired four shots at him, one of which struck him, pierc- ing six thicknesses of cloth, O'Connell was then brought out, identified and sent back, his bail being ixed at $5,000, BURGLARS OAPTURED. Wednesday night last Joseph Logan, Ann Tyrrell and two unknown men broke into the premises 82 Cherry street, occupied by Henry Hartman as a dwelling, and stole therefrom clothing and other property, to the value of $136. Mrs. Hartman, who waa sleeping in the front part of the house, heard the burglars gathering up their pinnae and on getting up ‘and going fata the portion of the house where they were saw them run down stairs and escape into the street. On searching the tower part of the house the woman Tyrrell was found secreted in a closet, with a portion of the stolen roperty in her possession, She was, of course, Pirned ‘over to the police. During the night Logan was also arrested. Yesterday morning the two worthies were taken before Judge Hogan, at the Tombs Police Court, and in default of bail were locked up to awalt trial, LYDIA SHERMAN. ——__+—__—_ CLOSING SCENES OF HER TRIAL. The Argument of Counsel in the Presence of an Immense Audience. eaeeeenaheentreetatl The Accused for the First Time Bursts Into Tears and Shows She Has a Heart Ca- pable of Feeling Her Position. Naw Haven, April 25, 1872. To-day has been one of unprecedented excite- ment tn this city, so far as the proceedings in the criminal courts are concerued. The occasion of course was the enactment of the closing scenes in the trial of Lydia Sherman for the murder of her husband, Horatio N. Sherman, Large as has been the audience on previous days, that in attendance yesterday was increased two fold. Long before the commencement of the summing up for the State every seat in the court room, that will accommodate probably four or five hundred per- sons, was occupied by curious people who were anxious to get a glimpse of the accused and hear the arguments of the lawyers. By the time Mr. Wooster had got well into his argument every available foot of standing room was occupied, and many ladies, elegantly attired and of genteel ap- pearance, were forced to stand. Within the barand surrounding the tables of the reporters and lawyers were ladies, clergymen, professors in the colleges, ex-Senators and Assemblymen and State officers, The accused, during the entire morning, exhibited for the first time uneasiness, and although encour- aged by her son, sister, brother and brother-in-law to hope for the best, her agitation could not be sup- pressed, and when Mr. Wooster closed she burst into tears, and for a moment the vast audience for- got that she was accused of murder and felt a kindred SYMPATHY FOR THE WEEPING PRISONER who had at last broken down under the weight of accumulating evidence and the hostile comments of the people about her. The summing up for the prosecution was com- menced at fifteen minutes before ten A. M. by Colonel William B, Wooster. He opened amid a breathless stillness that settled over the crowded court room, by stating that the prosecution had endeavored to introduce no evidence except such as the facts Warranted, and had neglected to put in none that they felt it their duty FOR THE PROTECTION OF SOCIETY to offer. This duty was now drawing to a close and that of the jury was now beginning; their responsibility waa great, and it behooved them to carefully welgh their duty to society by protect- ing it from this character of crime that has become very frequent. Counsel then reviewed the circum- stances attending the death of the twochildren and Sherman, and the symptoms attending the tllness of the latter. The evidence of the medical experts, he sald, certainly established beyond a doubt that Sherman died of arsenical poison, with all the symptoms, except delirium, convulsions and purg- ing, and the,.presence of these, Professor Barker shows, are exceptional cases. It was very strange that in this CITY OF LEARNED SCIENTISTS The defence had not produced some one to con- trovert the testimony of this able chemist; they, however, attempted to show that the poison that was found in the stomach and liver might have been in the cloth in which they were wrapped. When the prosecution showed {t was new clotn they assumed that the poison was communicated tothe part by the jar. ‘hen the witnesses swore it wasa new jar and perfectly clean they jump to the conclusion that the arsenic may have come from the green tinge in the jar. When that theory is exploded by the evidence they assume that THE ARSENIC WAS IN THE BOX in which the articles were packed; but the slate showed this to be impossible, when they fall back upon the tdea that he was poisoned by the bismuth prescribed by Dr. Pinney. After this had been dis- | pelled by the analysis of the specimen from the Same package and the fact that Dr. Pinney’s medi- cine was not given to him until Thursday night, long after the symptoms of arsenic had developed themselves, the defence set up the theory that he took it in liquor over the bars in the highways and BYWAYS OF THE CITY OF ELMS. The absurdity of this is shown tn the fact that not @ witness has testified that during his visit to this city he had tasted a drop of alcoholic liquors; on the contrary, the evidence shows he was sober when he returned home. Abandoning this supposl- tion of accidental poisoning over the bars, the de- fence next intimated that Sherman may have made away with himself. They introduce evidence trying to show despondency as likely to induce him to COMMIT THE ACT HIMSELF ; but the evidence all shows he was not of a despond- ent turn of mind; that when at work the day he was taken to his bed he was sober and cheerful; that he returned home, took a cup of coffee, ate his fish, passed down into the village to attend an auc- tion, and there was taken sick. He returns home and tells how sick he is, and expresses all through his illness a desire to live, sends for the doctors and is tenacious of life. All these clearly show Sherman never contemplated taking his own life. Fearing that the jury would not accept of any of these as an excuse for the tragedy, the defence, as &@ dernier ressort, introduce to your attention HUBBARD'S LOBSTERS, to show that of eating it he may have died. The lobster that he ate that night could scarcely con- tain so much arsenic as the chemist found in the stomach, and Hubbard evidently brought it in as evidencé at the last moment to combat science. ie evidence of his mother-in-law, who lived in the family many years, shows that he never had attacks of pains in the stomach when on the debauches or after coming out of them. The counsel briefly touched upon the motive f the prisoner, and declared that the evidence in fhe case had clearly shown a motive, as she was anxious to get a divorce. The only gap wanted in the evidence was that no person saw her sprinkle the fatal powder in Sherman’s potions. Mr. Wooster dwelt with much emphasis upon the fact that the prisoner attended him through his sick- ness, and was THE ONLY PERSON WHO MIXED HIS MEDICINES and food. What other explanation of the demise of the husband can be given than that it was administered to him in his medicine during his {ll- ness? The evidence shows that she gave him the first dose that resulted in his vomiti ng and this was the case all through hts illness, The counsel closed his hour and a quarter speech with the re- mark that if the Tees failed to convict for want of evidence of a living witness who had seen the pol- son sprinkled upon the food of the victim it was time that God helped us, for the people will not through their courts of law. lle Mr. Wooster was speaking Judge Shipman, United States District Judge of Hartford, an Judge Woodruff, United States Circuit Judge of New a, , entered and took seats beside Judge San- ford. Mr. Gardner followed for the defence, commenc- ing at fifteen minutes before twelve. He reviewed the evidence fully, referred to the affection that was shown to exist between the prisoner and her al- leged victim, her efforts to reform him and LIFT HIM UP TO A HIGHER PLANE of manhood than that to which he had fallen by the use of the flery liquid. Even Mrs, Jones, the mother- in-law of the deceased, bore testimony to the devo- tion of the prisoner to her husband. o argument in the main was very labored and dragged alon; wearily; but one good point made by the counse! was the fact of the prisoner BUYING ARSENIC 80 OPENLY, and inquiring how to use it, when she could have come to New Haven tt) eae it without any fear of detection, Indeed, the State would never have known that she had had arsenic in her posses- sion had she not frankly declared that fact and stated candidly the motive for which it was so se- cured— TO POISON RATS. ‘The last act of his life in giving into her care, in the presence of God and man, the custody of his fa- vorite boy, shows that no matter what others may have observed or felt to be thelr angry disagree- ments Sherman passed from this life with a loving confidence in his wife. The counsel closed at twelve minutes before one, having spoken sixty-two min- utes. Judge Foster, State Prosecutor, at a quarter past two, commenced to review the evidence, in the presence of a larger audience than was present in the morning, and mi 7 a being compelled to stand in the alsies. After disclaiming any intention to put in any evidence not authorized by the prac- tice, the counsel considered the points made in Mr. Gardner's ope up. The accused, he said, was accused of murder, and as the attorney is com- pelled to itd inthe indictment the particular degree, and all cases of poison under the law come under the designation of murder in the first degree, he had no alternative in this case but to charge the higher offence ; still the jury had the power to BRING IN A VERDIOr OF MURDER IN THE SBCOND DEGREB. To convict the State must show, first, that he (Sherman) died; second, that he died of potson; third, that it was administered by the accused, and fourth, that it was done with felonious intent. The first had been proved beyond a doubt. In support ofthe second it appears he entered the house a healthy man; the accused prepared and gave him food, and him alone—the other members of the fam- ily being away; went out, and within an hour was taken with an attack that carried him om, She alone tended him in his iliness and WE SAY SHE KILLED HIM! (Sensation.) What can be added to carry convie- tion to the mind of her guilt, except we produce some one who swears they mixed the poison or saw it mixed by her? This man was well; took food and chocolate at the hayda of bis wile; sick: ened and died, and poison was found tn his body, That is our case. Is ft not plain and intelligible ? ‘The last point is that of intent. The rule is that the defence must show the motive. Mrs, Sherman has not done so, and it is fair to presume it was done with felonious intent. This case presents domestic relations of an unhappy character—distrust, cold- ness and jealousy, 80 much so that when Sherman's corpse lay there prisoner said to his mother, “I HAD RESOLVED TO LEAVE NELSON, but now I amgiad I did not.” This shows that their domestic relations were not happy. The defence had declared that life had never been taken upon the testimony of a sage expert, and the prisoner should not be convicted on the single testimony of Dr. Barker. Mr. Foster gave a French precedent in Elwell, where @ person was hung on an analysis of one exhibiting poison after two had failed to find any. The pronsonting officer elo- uently dwelt upon the relations between Sherman and the accused; showed that she felt she was scorned, and her af- fection for him on _ his deathbed was the affection of Delilah, when she caressed Sam) son that she might shear his locks, and touchingly pictured the scene at Sherman's deathbed, where he nilded fis beloved boy to the prisoner's keeping. fits words caused the accused to become deeply moved, and she HID HER FACE IN HER HANDS AND WEPT. | Her emotion, however, was but momentary, and again she assumed her usual composure and in- difference to the result, Mr. Foster closed after speaking one a half hour. is address 18 admitted to be one of the ablest ever offered in a murder trial in this city. Mr. Watrous closed the argument for the prisoner in an able and earnest appeal for his client, whose uilt had certainly not been established by the State. He denied most positively that Sherman died of poison, and asserted that the evidence showed that Dr. Beardsley did not believe he was suffering from poison, hopetihagnding his evi- dence, as, instead of giving an antidote, he admin- istered a blue pill and morphine. If his evidence be true the Doctor ought to be indicted for neglect- ing to treat him for poison. Counsel contended that the State had not shown arsenic in the stom. ach, and if there was, it was probably the result of suicide, The Court adjourned till to-morrow morning, when the Judge will charge and the case be given to the jury. A disagreement on their part is looked for. A bench warrant is awaiting her acquittal to re- move her to Fairfield county to answer for Hurl- burt’s death, THE COURTS. ete eee Interesting Proceedings in the United States Supreme and New York Courts, Assault on the High Seas—Alleged Contempt of Court—Non-Payment of Special Tax—A Charge of Counterfeiting—The Court Sten- ographers’ Mandamus—Suit to Recover a Diamond Ring—Verdict Against the Third Avenue Railway Company—Decisions, UNITED STATES SUPREME COURT. Testing the Question of a Patent Right for the Manufacture of Spoons and Knife Handles. WASHINGTON, April 25, 1872, No. 168. Gorham Manufacturing Company vs. White—Appeal from the Oireuit Court for the Southern district of New York. The bill in this case is brought upon a patent granted to Gorham and others for a new design for spoon and fork handles, The allegation 1s that the defendant has infringed the patent, and an injunction and account- ing 1s asked, The defence ts that none of the designs used by the defendant are substantially the same as the design covered by the Gorham patent, but are, on the contrary, independent of anything secured to the patentees by their patent. The decree below was for the de- fendant, the Court holding that there was such a difference of ornamentation between the designs that the one used by the defendants could not be said to be an infringement of the plaintiff's patent. The SeRCUED urge here that the defendants have introduced an article in piste 80 closely resemblin, their design that ordinary purchasers canno! distinguish the difference, and that their article in silver is greatly injured by the imitation. It is claimed that the evidence is clear that the defendant's design could not, un- der any circumstances, have been produced without a knowledge of the plaintiffs; and it is submitted that it would be a discredit to our system of law if for such a wrong there existed no remedy. Keller ae Blake for appellants; George Gifford for ap- pellees. UNITED STATES COMMISSIONERS’ COURT. Charge Against a Norwegian Sailor, Before Commissioner Osborn. Harry Edwards, a sailor on board the Norwegian bark Skjold, was held, under an application from the Swedish and Norwegian Consul for his removal to Norway, on a charge of having, while on a voyage from Australia to this port, drawn a knife and threatened to stab the first mate. Edwards was committed to the custody of the Marshal to await removal to Norway for trial. Alleged Contempt of Court. Before Commissioner Betts. The United States vs. David Kempner.—The de- fendant was arrested by Deputy Marshal Purvis and brought before the Commissioner on a charge of having disobeyed an order of Judge Blatchford in certain bankruptcy proceedings. He was held in $1,500 bail to await an examination. Non-Payment of Special Tax. Before Commissioner Shields. The United States vs. Frank Dutfy.—The defend- ant was committed in default of $500 bail, on a charge of selling liquor and cigars without paying the special tax required by law. Alleged Counterfeiting. The United States vs. Gabriel Chierre.—The de- fendant was charged, on the affidavit of Bernard F. Hagan, with having, on the 18th or 19th inst., attempted to pass two counterfeit $50 legal tender notes. He was held in $3,000 bail for examination, SUPERIOR COURT—TRIAL TERM—PART |. What Became of a Lawyer's Diamond Ring. Before Judge Monell. James 8S. Carpenter vs. Abraham Gardener.—The Plaintiff is a lawyer, and entrusted a diamond ring, valued at $150, to one Rowell to sell for him, A week or so afterward he met Rowell, and the latter told him that he had pawned the ring and lost the money at faro. The defendant, to whom Rowell had pawned the ring, refused to deliver it up, and the present suit was brought to recover its posses- sion. The {ary by their verdict declared the plain- tiff entitled to the ring, and also gave him $14 for damages for ite detention. SUPREME COURT—CHAMBERS. Paying the Court Stenographers, Before Judge Brady. Application was made on behalf of the steno- graphers of the various State Courts for a manda- mus to compel the Board of Audit and Apportion- ecent to make an EAD adeno for the payment of their salaries due from the 1st of last January. The aMdavits submitted in the case show clearly that the appointment of stenographers for the State Courts was made pursuant to an act passed by the Legislature in 1865, and that this law is in full force yet. It appears that the Comptroller does not ec their proper legal appointment or that they ha falled to faithfully perform the duties required of them under such act; but claims his inability to pay them from there being no appropriation for the purpose. The diMeuity, however, ts that he and his associates, Messrs. Van Nort’ and Stebbins, of the Board of Apportionment and Audit, to whom is delegated the power of making the appropria- tion, refuse to do so, and hence the present appli- cation, as without such appropriation they will be without remedy, inasmuch as the duties and powers of the Board expire with the end of the present month. The Judge promptly granted the applica- tion, and the same will come up for argument to- morrow. There are nine of these reporters, and all most skilled and expert short hand writers. No class of court or city oMicials, for that matter, work harder, and certainly none are more deserving of pay. ‘The Comptroller interposes no Ly ae to the payment of the Judges and oMicers of the courts, and certainly the stenographers, under existing statutes, form as much a part of the court as the Judges or officers, and are as much entitled to re- ceive their salaries. SUPERIOR GOURT-—TRIAL TERM—PART 2. Damages Against the Third Avenue Rall- road Company. Before Judge Curtis. John H. Stroub vs, The Third Avenue Railroad Company.—On the 90th of November, 1869, the plaintiff? was given a transfer ticket on one of the defendants’ cars to go to Harlem. The ticket was dated the day previous. The conductor refnsed to take the ticket, and the latter, as the laintif further declares in his aMdavit and testl- Kes, threw him over the dashboard, injuring lim tn the back go that he has been unable to do any work since. He brought suit for $10,000 damages. The conductor, who was the principal witness against the plaintifr, testified that the latter had no ticket and would not pay his fare; that he called him (the conductor) opprobrious names and drew a revolver, upon which he pushed him off the steps. The testi- mony of neither was very strongly corroborated, The jury were clued $9 place more reliance on the of the plaintif, and awarded him a ver 200 damages. ‘SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge William KE. Curtis. Clarke vs. Pullers camotion granted. Schaus va. The Manufacturing Light Company.— Order granted. Martinez vs. Jacobson.—Same. Moore vs. Sullivan et al.—Same. Diery vs. Fendt.—Same. By Judge Monell. Tobsop vs. Wendt.—Motion granted conditionally, See opinion. COURT OF GENERAL SESSIONS. Alleged Robbery of a Lawyer by a Re- spectable Citizen of Westchester County—Value of Good Character— Remarks of Judge Bedford. Before City Judge Gunning 8. Bedford. Shortly after the opening of the Court on Wednes- day ex-Judge Hart addressed the Court in reference to the case of Francis Finch, who was charged with attempting to rob Zadock Hubbell, a Westchester county lawyer, and convicted last week of assault and battery, the jury at the same time recommend- ing a suspension of Judgment. The jury evidently intended to deal kindly with him; but Mr. Finch, in view of the excellent character which he proved, did not desire to have a suspended judgment hang- ing over him. The ex-Judge continued, addressing Judge Bedford :—“Hearing your name reminds me of an incident that occurred some twenty years ago. At that time I had the honor to sit upon the bench in the county where I now reside. There was man before us on trial for murder. Your honored father was a witness in the case. It was & case where a medical opinion and where an opinion as to character had to be given. The defendant was a distinguished surgeon, On that occasion your father testified to his character, One of my asso- clates suggested to me during the progress of the trial that the defendant would have to hang. But when this testimony came forth, when your father and other witnesses testified to the pure life, exalted character and high standing in his profession of the defendant, my associate said tome, ‘The good character of that man will save him.’ In conclusion the counsel, in view of the excellent character of Finch asked the Court to im- pose a light penalt; é Judge Deatord said i—T entirely concur with you, and I think the records of this Court will show that both my colleague and myself stwoganey the highest deference to good character, when liter- ally, strictly and in reality proved, Your client in this case did prove an excellent character, 60 good that the jury saw fit to recommend a sus- pension of judgment, I shall assume the responsi- lity of going one step further, and will now honorably discharge him, enforcing a mere nominal fine—six cents damages." Alleged Manslaughter of an Unknown Drunken Man. The trial of Michacl Kenny was then begun. He was charged with manslaughter in causing the death of an unknown man on the evening of the 22d June, Mr. Sullivan called Edward McCabe, Thomas Killilean, George ©. Birkett and Abraham Rigely, whose testimony was brief and within a small compass. It appeared that on the evening of the 22d of June a drunken man was walking along Forty-third street, followed by a crowd of boys, who were teasing him. He had a plece of flag in his hand, and when he reached McCabe's liquor store, near Tenth avenue, where the accused was standing, he Was about to throw the stone at some little girls, when Kenny exclaimed, “For God's sake, don’t hit those little girls.” The man dropped the stone and struck Kenny, after which the men clinched and fell, They rose from the ground, and the deceased walked towards a lamppost and fellagain. He was taken up by officers and citizens and carried to the station house. A doctor was called immediately, and he pronounced him tobe dead. The physicians at the post-mortem examination gave it as their opinion that death was caused by concussion of the brain, which might have been occasioned by a blow ora fall. Mr. Howe, who defended Kenny, called the accused, who said that he only interfered to prevent thé little girl from being killed, and a policeman gave him a i character for peace. Mr. Howe had so much confidence in the case that he said he would not Insult the jury by addressing them at length, but expected them to render @ verdict without easing their seats. Assistant District Attorney Sullivan maintained that the prisoner, on the evidence, ought to be con- victed of manslaughter in the fourth degree, for human life was sacred. New York was becomin, a city of blood, for there was scarcely a day passe Without somebody losing his or her life unlawfully, Judge Bedford, in charging the jury, after laying down the law and the facta, concluded as follows :— While I fully concur with the District Attorney in his allusion to the multiplicity of homicides per- pounce in this city bag | and nightly, still I feel it incumbent upon me to tell you twelve jurymen that each case of homicide and every prisoner arraigned for homicide, must stand or fall upon the 8) ectie evidence offered on the trial, and under no circumstances should a Jury ever convict any prison- eron general principles. “The testimony alone in each case should be regarded as the sole guide toa hteous verdict. ‘he sory rendered a verdict of not guilty without leaving their seats. In the afternoon John A. Sheridan was placed on trial charged with obtaining money by false pre- tences. The allegation against him is that on the 8th of December, 1870, he obtained $2,000 from John W. Moore upon the delivery of a deed of a certain farm in Pike county, Pennsylvania, which purported to be a well tilled farm, with houses attached, which the prisoner showed to Moore and his mother-in- law. When they went on to take possession of it they found that another gentlemen owned it. Soon after the prisoner’s arrest he told Mr. Moore he was sorry that he committed the act, and that in two or three days he would Dag him every dollar out of which he cheated him. The hour of adjourn- ment having arrived, Mr. Howe asked that the cross-examination of the witness be postponed till Friday. Motion to Bail Emma Couch, the Alleged Blackmailer of a Clergyman. Before the Court adjourned Mr. Clinton moved for bail In the case of Emma Couch, charged with attempting to extort money from Rev. Dr. Carter for alleged improper Corpag & He said that Wil- liam M. Tweed was balled in the sum of $5,000, and he did not see why the District Attorney should de- mand the sum of $10,000 to secure her appearance. Assistant District Attorney Fellows opposed the application, and in eloquent terms defended the reputation of Dr. Carter. ‘udge Bedford said he would confer with District Attorney Garvin and render his decision on Friday. Larcenies and Burglaries. Patrick Coughlin, charged with burglariously en- tering the premises of Owen Gormley, 419 Third testimon: dict of #1; avenue, on the 28th of March, and stealing billiard balls and liquor valued at $80, pleaded guilty toan attempt at burglary in the third degree. William Corey, indicted for stealing $150 worth of Jewelry from Mary Ann Blakeley, on the 2d of this petals pleaded guilty to an attempt at grand larceny, The Judge, having been informed by police om- cers that these prisoners had a bad reputation, sent each of them to the State Prison for two years and six months. James Graney, who grabbed a pocketbook con- taining $50 from Mrs. Emily V. Battey on the 8d instant and ran away with it, pleaded guilty to an attempt at larceny. e complainant, who was a writer for one of the morning journals, informed the Judge that she t back $35, and wished His Honor to treat him kindly. One year inthe Pent- tentlary was the sentence, John’ and Mary Gaylor (colored), who were charged with tae on | pictures, a looking glass and some other household articles from Mary L. Mozer on the sth of March, pleaded guilty to petty lar- ceny. John was sent to the Penitentiary for three months, and Judgment was suspended in the case of his wife. COURT CALENDARS—THIS DAY. Supreme CovrT—Circuir—Held by Judge Van Brunt—Short causes.—Nos, 118134, 2475, 2405, 2717, 2858, 2904, 2492, 2053, 8021, 3045, 8063, 3085, 9060, 3071, 3075, 3079, 8081, 1923, 2620, 2867, 2065, 3037, 3150 3107, Part %—Hela by Judge ' Barrett—short causes.—Nos. 2726, 20504, 2052, 2962, 2982, 902214, 2820, 227834, 15464, 2 8, 2414, 2462, "2486, "2046, 13706, 2716, 2090, 2072, 208234," 9002, Fy 2. SUPREME COURT—SPECIAL TmrmM—Held by Judge Barnard.—Case No calendar. Supreme Covrt—CaaMpers—Held by Judge Brady—Reserved cases.—Nos. $2, 105, 108, 114, 117, 119, 180, 131, 141, 143, 149, 151, 153, 153, 154, 156, 166, 187) 162, 167, 168, 170, 171, 172, 175, ' Call, 178% SUPERIOR CoURT—TRIAL TRHM—Part 1—Held by Indge Monell—Short causes.—Nos, 1812, 1897, 1887, 1746, 1707, 1288, 1774. Part 2—Held by Judge Our- tis.—No, 1012. Court OF COMMON PLEAS—THAL TeRM—Held by Judge J. F. Daly.—Nos. 1439, 1465, 1517, 178, 1542, 1546, 1565, 1618, 1569, 1632, 975, 1415, 1416, 1872, 1622, 1627, 769, 1579, 1580, 1864, 1267, 1304, 999, 1687, 710, 1494, 2021, 1524, 1562. CourT OF COMMON PLEAS—EQvrry TeRM—Held by Judge Robinson.—No. 82. ARINE COURT—TRIAL TERN—Part_ 1—Held by Judge Curtis,—Nos, 7423, 8603, 5865, 8870, OAl1, 7302 8509, 8674, 8676, 7247, 8769, 8850, 8851, 8883, 8887, 8893, 1807, 8899 8901, 8901 E 2 s EE ‘2902, 8910, 8011, 8012, t 2—Hield by Judge Spaulding.—-Nos. 8494, 8705, 8861, 8167, 8195, 8666, 8200, $367, 8880, 8879, 8888, 8889, 8891, 8892, 8894. Part 3—Heid by Judge Gross.— Nos. 8735, 9230, 9251, 9969, 0370, 9881, 9418, 9420, 8427, 9489, 9491, COURT OF GENERAL SEsstons—Hela by Gunning S. Bedford, City Judg he People vs. James Fitz- simmons and Thomas Foster, robbery; Same vs. Daniel O'Donavan, felonious assault and battery; Same wa. Alfred Lovette, do.j Same va. Henry Fistrup, grand larceny; Same ys. ). Wilkins (two cases), do.; Same vs. Ernst Bernstein, receiv. ing stolen goods; Same vs. Charles W. Woods and Thomas Fox, do.; Same vs. Frank Masterson, as- sault and partery Same vs. Edward Lamb, do.; Same vs. Charles Berdat, do. COURT OF APPEALS CALENDAR. ‘Aumany, N. Y., Aprii 25, 1872. ‘The following {a the Court of ‘ADD als day calen- dar for April €0;—Nos. 212, 204, THE “LORD” GORDON-COULD CASE, Application for the Appointment of a Receiver and an Injunction on Behalf of Plaintiff. ARGUMENT OF COUNSEL. Adjournment of the Whole Case Until Thursday Next. ; The case of Gordon, alias Lord Gordon, ve, Jay Gould, came up again yesterday according to ad- journment before Judge Brady, in Supreme Court,’ Chambers. The court room was well filled and a good deal of interest was manifested in the pro- ceedings. Application for THE APPOINTMENT OF A REORIVER on behalf of the interests of Gordon was made by Mr. Strahan, and an injunction ordered against the defendant. Mr. David Dudley Field, who appeare@ for Jay Gould, addressing the Court, saia—Your Honor, we are not prepared to go on with that motion until the other motions in these proccedings are dis- posed of. Judge Brady—I supposed they were all to be heard together. Mr. Field—That 1s precisely what we don’t want; the preliminary matter is, whether or not we hava the right to put Gordon to the oath, and until we do that, or until it is decided that we cannot do it, we beg to call upon the Court to call the other mo- tion. Judge Brady—On that point I have decided that you cannot examine the parties on the motion, Mr. Field—This is not an order to examine the defendant, but an order granted by Your Honor re- quiring the defendant to appear and be examined, for the purpose, primarily, of calling the plaintiff to | Prove his complaint, and we suppose that when the case is before the Court on that we have the right, as in the case of Havemeyer, to examine him gonee rally in regard to the case. The order was gran returnable on the 15th of April, but, the defendant! not being found, it was extended to the 18th, when’ an application was made by the defendant to va- gate that order, and it is that motion we are now ready to argue, and which we ask the Court to hear rst. Mr. Strahan—On the 2d April Gordon commenced. an action against Gould. In that action various orders were granted upon which to found that ap- plication for the appointment of a receiver. The pene were saved in that action and a day fixed for the hearing of the motion. I am now met by the statement that on the action at the instance of Gould vs. Gordon the plaintiff wants information to frame his complaint. What relation has the in- formation he desires with the motion for the ap- pelnsmany of a receiverin reference to the moneys ‘aken from Gordon, as our papers disclose? There were three cases before the Court set down for hearing at this time. The first is that of Gordon vs. Gould, in which we ask for the Sreieene of areceiver. The second is that at the instance of Gould vs. Gordon, called Action No. 1, im which, upon an affidavit alleging that Mr. Gordon had received certain shares of Erie stock for @ specified purpose, which he had failed to appl, as requested or directed, he got an order of arrest, and now we are here to show that the order was procared through false representations made by jould—an imposition upon the Court—and we asi that the order be vacated on that ground. The third is upon the action called No, 2, Gould vs. Gor- don, the merits of which have not yet been dis- closed, except on an affidavit of the plaintiff, who seeks ‘‘to recover damages for fraud,” &c. He now wants an order of examination with respect to the matters stated by Gordon to himself, and which, upon his own stating, must be within his knowl- edge, and the information which he asks is, there- fore within his own knowledge. These three actions are upon precisely the same state of facts, and we ask that they be all tried together. Mr. Field observed that he was ready to proceed with the motion for the examination of the defen- dant Gordon, but he was not ready in the others. He read afMidavits made a Jay Gould and Elihu Root, to the effect that rs. Sears and Scott were material witnesses in the case, but as yet they Were unable to find them. On these affidavits he moved for the postponement of the suits he re- ferred to. Mr. Strahan—Our action is for the purpose of having a receiver appointed on certain monoys and securities taken from us on March 23, [meet the affidavits now read by the statement made by Mr. Gould In his answer in this case on our compiaint, in which he recites the various misrepresentations: Gordon made to him, and in which he also says that “the defendant is informed and believes that the representations made by the plaintiff aforesaid were false to the knowledge of the plaintiff.” Let then tell us what it ts they propose to prove a these Witnesses and we will see if we cannot reply to it. They published this morning the aMdavit of Mr. Greeley, and we are willing to take it. That is s sufticient answer as far as Scott is concerned; and as regards Sears, they don’t show in what manner his aMfdavit has any materiality in the question before us. Mr. Field said all they desired was to have Gordon Placed on the stand, and they would then dispense with the examination of all other witnesses. They did not know that Gordon ever owned a single share of Erie stock or not. He did not belleve & word of it, and the only way to arrive at the truth was by the examination of Gordon himself If Gor- don was not examined he would ask for a postpone- ment to enable them to obtain the affidavits of the other witnesses in the case. Mr. Strahan said that Gould saw the stock im Gordon’s possession, and he now pretended to doubt that he ever had it at all. heir action im this matter was characteristic, and they are now endeavoring to fish up evidence to substantiate the outrage which they perpetrated. Judge Brady said:—I do not percetve any differ- ence between this case and any other. It involves a large sum of bee and I am willing to give every latitude to the Investigation. I will give Mr. Gouid a reasonable time for the preparation of the case, but all the motions will be heard together. The case was then adjourned to Thursday next. BERGH AND BRUTALITY. A Man Pulls a Horse’s Tongue Off—He fs Sent to the Penitentiary for One Month. James Ross, a teamster in the employ of Mr. Stephens, the brewer, in Thirty-ninth street, was arraigned in the Court of Special Sessions yester- day, charged with having pulled a horse's tongue off. Mr. Bergh was present to conduct the prose- cution, and had with him, in a jar of spirits, the portion of the animal's tongue which had been torm or cut out. Mr. Hill, the complainant, having heard ofthe circumstance, went to the stable the same morning and saw the prisoner, and told him he had better tell the truth about it and perhaps no harm would come to him. He then said that he was cleaning the fore legs of the horse, when he became fractious, and he took a half hitch around a stick and the tongue, to press it down, when a piece of the tongue came off. A veterinary surgeon who saw the horse the next. morning testified that he was sent for by Mr. Stephenson, the prisoner's ee he looked in the horse’s mouth, and saw that about six or seven inches of the tongue had been apparently cut off; the remainder was more or less inflamed, was tender, and the animal could not masticate {ts food; he saw the tongue some days before, and it was healthy then; the plece could not have been pulled. off with the hands. The prisoner testified that he was cleaning thi fore legs of the horse in the stall, when it pulles baek violently and broke the halter; he them seized the lower jaw of the animal and twisted the tongue over the jaws it then knocked its jaw Me haat f against the manger, and the piece of the tongue came off; he de- nied having ever admitted that he took a hitch over the tongue. For the defence two veterinary sur- geons were called, who testified that they had seen the tongues of the horses cut three parts through ith the bit when the animal was a hard pulling in that case it might drop off by a violen' blow against the manger, They admitted that im this case the tongue appeared as though a strii had been passed round it where it was severe They both testified that it was impossible to pull off a piece of the tongue with the hand. veral witnesses gave the prisoner @ good char- acter. The Court found him guilty, and, in con- sideration of this, only sentenced to be con- fined in the Penitentiary for one moath and to pay @ fine of $25. FIRE IN BROOKLYN—LOSS ABOUT FOURTEEN' THOUSAND DOLLARS. Between eleven and twelve o'clock yesterday morning 4 fire broke out in the upper part of the large brick building, Nos. 1, 2 and 3 York street, near Fulton. The firemen experienced a little difficulty in reaching the fire, and a damage of about fourteen thousand dollars was done before the flames were suppressed, , The losses and insurance are as follows:— My 214, TT, 278, George Hudson & Son, owners of — the building, loss $2,000 on building and $2,000 on paints; insured in the Phoenix $7,000, Firemen'a Trust 000, Nassau $2,400, and Continental $2,400. J. W. Sherman sustained a loss on clothin, of $8,000; insured in the Gebhard for $1,500 and Phenix $2,500. H. M. Gardiner, loss on printing materials, $2,000; insured in the Tradeamen’s. Ind surance Company for $8,500, Mechanics and Wil+ Mamsburg City $1,750 each. Hall & Brothers, pho- tographers, 1oa8 $7,000; Insured for $3,000, The fire originated in Hal! & Brothers’ apartment, but the cayse cgald got be ascertalued,