The New York Herald Newspaper, June 20, 1872, Page 2

4 STOKES. ——aedennerient ‘Opening Day of the Trial of Liward §, Stokes for the Murder of Jomes Fisk, Jr. as A CHALLENGE TO THE JURY PANEL DENIED, Objection to Private Oounsel to Aid the Prosecuting Officer Raised and Ruling Thereon Reserved by the Court. Swearing a Jury with the Usual Success— Only Two Secured at the Adjourn- ment of the Court. ill FIRST DAY’S PROCEEDINGS. On Saturday, the 6th day of January last, at twenty minutes to four o'clock in the afternoon, the city was electrifled by the shooting of James Fisk, Jr.— | popularly designated “the Prince of Erle’’—by Edward 8. Stokes. This shooting, which has led, after interminabie legal obstructions and delays, to the opening of the trial of Stokes yesterday for murder, took place in the hall and stairway leading to the ladies’ parlor in the Grand Central Hotel, NEW YORK HERALD, THURSDAY, JUNE 20, 1872-TRIPLE SHEET. efforts to obtain delay by merely technical objec- tions of this character were overruled the e@xecu- tion of jastioe would be impossible. Mr. McKeon, in reply, sald that if the well-paid officers of the county would properly supervise this matter these irreguiarities would not occur, In the Friery case the Gourt passed on the question by a bare majority, Hoe insisted that tho law should be strictly followed, 6o that they might have a proper jury. . Judge Ingraham held that the provisions of tke actasto the preparation of the list were merely directory, and therefore tho Serre i to the array On the first point was not sustained. The second point did not go far eupng. It merely averred that ‘he ballots were prepared by the Commissioner of Jurors. The County Olerk was not bound to write out the ballots with his own hand, Had the chal lenge said they were placed in the box by the Con missioner there might have been a question, The ae rer Was Sustained and the challenge over- ruled, OMALLENGING JURORS. Mr. Markvald was the first man called. Mr. Mo- Keon at once satd:—"I challenge him for principal cause, for having formed and expressed an opinion, What does the District Attorney do about it?” ‘The Court—I suppose he will try it. Mr, McKeon—Then { demand triers. Mr. Garvin—On principal cause? Mr. McKeon argued that he was entitied to triers even on & challenge to principal cause; but the Court held that such shallenge must be tried by the Court, An exception was taken, As Judge Ingraham knew that the man was op- posed to capital punishment he was allowed to stand aside. John Buchman was next called, and was chal- lenged on the same ground. He had spoken about the case and expressed an opinion; he had no con- sejentious scruples against capital punishment. His opinion was based on what he had read in the pewananers, and he had talked about the matter casually, Q. Could you find your verdict on tho evidence ond that alone ? Mr. McKeon—We object to thia question on the ground that it cannot be put ona challenge to prin- oe cause, LS Q. Would the opinion you ‘have formed or the tm- phding fatally in tno death ot Fisk on the following morning. No similar occurrence had for years created a sensation equal to that which followed | Dpon the death of the victim of this shooting. Few | men had stood for some few years previous to his | taking off 80 prominently before the public as | Colonel Fisk. In various ways—as the great rail- way magnate, the monetary potentate of Wall street, the dabbler in opéra douse, the admiral of & feet of magnificent steamers, the colonel of a crack regiment, the liberal dispenser of great | Wealth—his name was in the mouths of all men, His eccentricitics in private life were as varied as | his public pursuits and almost as notorious, and when the news of his death got abroad it was the all-absorbing theme of comment and conversation throughout the city for many aays, THE PRISONER STOKES ‘was also pretty widely Known, but principally through a long litigation with his victim, and through the circumstances which led to that litiga- tion, and in which the notorious Josie Mansfield played a prominent part. On the very day of the shooting the parties had gone through one of tho Phases of their legal conflict at the Yorkville Poliee Court, It was only a brief hour or two-nfter the ad- journment of the case, and while Stokes was taking some refreshments at Delmonico’s, corner of Cham- bers street, with his counsel and a couple of friends, thatit was unfortunately intimated to him that Fisk had that day had him indicted by the Grand Jury of the Court of Oyer and Terminer, in conjunc- tion with Josie Mansileld, for conspiracy to black- math Maddened by this ill-timed information, which, if true, would destroy all chances of success fn his suit against Fisk, he immediately after left the company of his counsel and friends, and pro- ceeded forthwith in quest of his foe and rival, and | ster was brought in by the Attorney Genoral, and soon after to be lls victim, What followed is known to all. The shooting, premeditated and murder- ous, Or unpremeditated and in self-defence, has to be determined by the Jury that shall be empan- elled to try the case, and which it was the pre- liminary work of yesterday's session to accomplish. Result at four o’clock, when the Court adjourned, two jurors, FIRST DAY OP TUR TRIAL, After an unprecedented and successful interven- tion of legal obstructions and delays on the part of | the defeuce—the trial having been postponed from | 18th January, the first dayon which the prisoner Was arraigned on the indictment of the Grand Jury—the trial of Edward S. Stokes for the murder of James Fisk, Jr., has been postponed from time to time, till perermptorily set down by Judge Ingraham for yesterday. It was, up to the last moment, how- ever, very doubtful whether the ends of justice could be even £0 far subserved as the commeace- ment of the trial then, Ingrahaw, after his nine months’ unremitting atten- tion to duties made more than ordinarily severo and harrassing by the resignation of of Judge Car- dozo and forced absence of Judge Barnard, would be upable to enter upon a criminal trial of such im, portance as this, The learned Judge, however, anxious to meet the general demand of the public— disgusted at the law’s delays in warding off punish- mont from the guilty, or entailing uzmerited wrong upon an Innocent man—nerved himself for the task, and yesterday the trial was proceeded with. OPENING PROCEEDINGS, The hour fixed for opening the Court was half- | A full half hour before that time a nu- | past ten. merous staff of reporters were already assembled, securing their seats, which they so effectually did that but scant place was left among the audience | within the bar for the latercomers. ‘Ten minutes after the opening of Court the pena Stokes, with the usual guard, was brought into the court room, through which he passed into the clerk’s room, to await his produc- tion to the Court, before which he was to stand a trial for his life. He bore himself throughout the day with his usual nonchalance, smiling and talking with a few friends near him during the proceedings. A few minutes before haif-past ten the doors were opened and the rush from the outside for seats commenced, The court room was filled almost in- stantly, the seats inside the bar, as well as outside, being ull occupled. Among the occupants of the former were some half dozen ladies, police arrangements outside the room was, at no part of the aay, nconveniently crowded. The aged Either of the prisoner sat near him all the day, At half-past ten to the minute His Honor, Y INGRAHAM, sup who will preside at the seat on the bench. quickly followed tho prisoner, his guard, wita Sherif Brennan at the head, prisonei’s counsel and counsel for the prose- cutioh, District Attorney Garvin leading. ‘the Court of Oyer and Terminer being opened by the Crier with’ the usual formula, and Mr. Sparkes, Clerk of the Court, having called the panel of jurors, District Attorney Garvin rose aad moved the trial of EDWAKD 8, STOKES FOR THE MURDER OF JAMES FISK, on the 6th day of Janna CHALLEN( "y, 1872. TO THE AMRAY. Mr. McKeon preseuteda challenge to the array, on the ground that the Comiissioner } properly prepared the general jury the drawing and suinmoning of the pax been properly made, The District Attorney demurred to the challenge, and Mr. McKeon joined issue on the demurre. and, meanwhile, sent for some books, Mr. McKeon argued that, under the Revised Stat- utes, the law for drawing jurors was the same in Lad not the city and courty, but that in 1847 a law was | witi Stokes or with his c In 1570 another law was passed, which | peleed providing especially for the jury list in New ork city. was intended, no doubt, as a substitute for the act of 1847, but was, by its wording, merely an addition to lt. This act provided jor the making up of books of jurors cach May, the arrangement of their names alphabetically, and the giving of tue ward, place of business, home and occupation of each. In his chal- lenge he had negatived this in the words of the statute. It provided that a certilicd copy of this list should be filed with the County Clerk, and that the County Clerk should prepare the ballots from such list and place them in the box. They denied that this had been done, In examining this list he had found very few orats- sions, he must confess; but there were omissions, and these were violations of law. He had also found on the panel something eise—the name of the brother of one of the counsel sitting beside the District Attorney, who had been sitting within tho | bar, apparentiy desirous of going on the jury. Mr. Beach asked ior his name. Mr. McKeon—Mr. Benjamin Fullerton. Mr. Garvin—We are willing to excuse him, Mr. McKeon said this was uot enough. Counsel had heard his name calied twice without otjecting, apparently unaware of the indelicacy of the matter, It looked iug ii there was a purpose of vengeance on the part of— Judge Ingraham checked Mr. McKeon, saying that he thonght ¢ should be avoide after. Mr, McKeon sald he should not make such allu- 4s he hoped they would be bere- sions except where he thought his duty to his client | required it, and he trusted that he should then be able to couch his language in a form suitable to the | our, Mr, Garvin, in support of his demurrer, argaed that the provisions of the statute were merely dl- rectory, and that when a proper panel had been drawn the omission of any of the incidents pre- sented for the mode of drawing would not invall- date the el. He cited in support of this largely from the Friery case, in which this question was ght discussed, puri Beat ide Judge Ingraham. The District Attorney asserted that unless these | | | | | | It was feared that Judge | pression you have bias you ta forming your verdict either hay t Mr. McKeon renewed his objection. nae No, sir, He lad no business relations with okes, ‘To Mr. McKeon—He did not to his Row eane know any one connected with the Erie Railroad; he belleved that a¢murder was committed, and that agreat wes was done; he had a feeling thut the man who did it— OBJECTION TO PRIVATE COUNSEL. Mr. Beach here raised an objection to one of Mr. McKeon’s questions, when Mr. McKeon said he might as well now present his objection to the Presence of private counsel, He would first ask whether they had been authorised to act by the Attorney-General. He asserted that the wholo ease was trusted by the Revised Statutes to the discretion of the District Attorney; that in a case in Massachusetts where Mr. Webster had been autho- rized to act by the Attorney General, he had only | bene permitted to act on account of that authoriza- on. District Attorney Garvin replied. He said this Was the most extraordinary proposition he had ever heard. He did not know any reason why | counsel should not appear for the prosecution or defence in any w: And if the counsel referred to, sitting beside ¢ rict Attorney, should sug- gest to him any points called up in the caso worthy | of consideration from the Court, as no doubt he | Will, the District Attorney has the right to reject or | adopt, as he may deem fit. In along and tedious | trial, as this will probably be, it would be imposst- ble for the District Attorney to conduct the case | Without the aid of other counsel. This has been so | from time immemorial, and this was the first time | he had ever heard such an objection raised. The duties of a District Attorney are of such a charac- ter as to render it necessary to employ aid, and unless this can be done public (oa) must fatl of being efficiently administered in this great city. The high character of the gentleman at his sido should be warrant to authorize the Court to sa) that there could be no objection in his making such Suggestions to the District Attorney as he might deein proper. Mr. McKeon having procured the report of the Massachusetts case, read from it the decision of the Judges, which lay stress on the fact that Mr. Web- was acting without fee. He argued that this was very different from the introduction of private counsel, feed Ha ipriyae prosecution, If the Dis- trict Attorney had not the ability, or with several assistants, not the power to prepare the case, then the people should know it. He knew the blood- hound pertinacity with which they were pursung the prisoner, and he would not permit this spectacle of private counsel, hired to pursue his client, with- outa protest. (Applause.) The Court said, for the present private counsol would be dispensed with, and he would decide the question to-morrow, The Court then examined the jnror, who sald the impression on his mind would not require evidence to remove them. The Court did not sustain the challenge, and the defence challenged peremptorily. Albert Eisberg had read about the case, but had neither formed nor expressed an opinion. Mr, Townsend chal ed to the favor, and Edward Patterson and Mr. Niles were named as triers. Mr. Townsend then subtnitted a challenge to the trials, although he admitted that the right had never been admitted, The Court overruled the challenge. Mr, Townsend then examined the juror on the | challenge to the favor. The juror did not know kisk, Gould or Tweed; he had talked with no one about being on tie jury, except hls own famliy; his | readin of the papers made no impression on his mind; there were so man: | such things in the papers he tool no interest in them; he remembered that Fisk | Was sald to have been killed by Stokes; it made no. | impression on him a3 to Stokes’ guilt or {nnocence; he did not remember where the thing was said to have occurred, but he thought it was on the stairs; he didn’t remember there was & coroner's jury; he | had the impression that if Stokes had done this he was a murderer; he did not think he was biased or udiced; his business 18 a commercial agency; e 18 Connected with the Merchants’ Co-operative Bureau; ts a Prussian, but has been in the country Since 1848, and continuously since 1864, ‘To the District Attoruey—I never saw the prisoner till I saw him here. To Mr. Niles—I consider killing a crime; I con- sider if he killed him without provocation he com- mitted a crime; I have no knowledge as to whether he had provocation or not. The triers found the challenge not sustained, but | the defence challenged peremptorily. | THE FIRST JUROR OBTAINED, Meyer Homberger was uext called. His address From the | |, entered and took his | was No. 313 Broadway, on Mr. Tow! | While his real address was No. 383, Mr. Town: | objected, but a reference tothe original list showed | that on it the address was comect. Mr. Homberger | had taiked about the matter. From what he had | read he had formed an impression and expressed it | to a neighbor. | ¥: What did you say? | Mr. Garvin objected, but Mr. Townsend asserted | that under the new law tis must be admitted. The Court excluded the question, The juror had r | Papers and had tal was an tin d about it with a neighbor; ression he had formed, not an opinion; he could rdly form an opinion without hearing both sid he had not formed any opinion as to Stokes’ guilt or innocence Tot istrict Attorney—I have no conscientious | seruph yainst punis it by death. He was | then chalienged to the favor. | To Mr. Townsend—I don't know Tweed nor Gonld, | nor any of the Morse family, nor Mr. Schemmel; it ; WAS & Surprising homicide to me; did not read | the acconit v areft 1 don'tremember read- | ing about the Coroner's inquest; Lread the Sun or | HekALD and the German papers; [ have talked in | Court with other jurors about the matter: don't | remember the detalls given in the papers; I remem- | ber the shooting and that ts about Ith was done with a pistol and on the steps at the ladies’ entrance to the hotel; L don’t remember any other statement; I had an impression about the matter, undoubtedly; nothing has occurred to remove it; 1 lad no ‘impression as to Stokes’ guilt or innocence; 1 heard that Stokes shot him and that Colonel Fisk died; I should want to pens she ul testimony to decide whether he killed hiras an impression that Stokes shot him, and ii | would require some evidence to remove it. To the District Attorney—I could sit on the jury Without bias; Ihave had ho relations or business ansel. To Mr, Niles—If Stokes’ counsel should admit that Stokes shot Colonel Fisk and that Colonel Fisk died as a result he would be ready without any further evidence to find him guilty of murder; he did not understand that ait xliting was murder; he had no bias in bis mind which would prevent his passing on the question Whether the Killing was justified or not. ‘The triers found the challenge not sustained, and the defence accepted him as the fist juror at tve minutes past on ‘the Court then took a recess, After Recess, sworn—Was a clerk in a wholesale use; was West at the time Pisk was killed; 1 to New York on the 18th of Janu- ary; had conversed with various persons abont the shooting; had formed an opinion as to the guilt or innocence of the prisoner; had formed it on what had geen in the papers; would try the case on *evilence tione, und believed he could return a Verdict without any bias one way or the other; had never had business relations with Fisk or Stokes; ; When Fisk was a pedier witness was clerk in @ house where he used to buy goods sometimes, and | Ko, perhaps, he had met Fisk at that time; wouid | require evidence to remove the impressioa’ of the case which he now had. | Challenge sustained by the Court, | Oeveland Carrol), sworn—Had read tn the news+ | papers abont the present case, and had formed | opinion as to the guilt or tnnocence of the acc! Challenge sustained, John A, Re ary ge 1 David Brosnan, sworn—Was in the storage bust | hess; read the newspapers at the time when (isk was sald to have been killed ; had formed an opiiion aa | to the guilt or innocence of the accused and wad it sul, | Challenge sustained, | _ Lewis M. Slocum, sworn—Had lived in New | York all his life; carefully read the papers when Fisk was killed, and had formed and expressed an | opinion as to the guilt or innocence of the prisoner, | Chatienge sustained. | , Francis J. Donnelly, sworn—Read the papers at he argument ex-Judge Comstock took his | the time of the shooting of Fisk, and had formed a fixed opinion as to the gulit or innocence of the ac- cused; that opinion would require evidence to te- | ques the story of the killing in the | t | she said, movo; did not think he could sit on the jury and be poverned solely by the evidence, Chalicnge sustained, SECOND JUROR OBTAINED, Rodertck Hogan, sworn—Kead tho newspapers at the time of tho kluing of James Fisk, Jr., and had formed an impression as to the gutit or innocence of Stokes; did not think that impression was strong enough to be called an opinion; had no bias for or Against the accused. The juror was then sworn in the usual mannor, Stokes again rising in obedience to the Clerk of the pee Be and looking another one of his judges straight in 5 Edward Kruger, sworn—Was born in the city of New York; had read something about the caso in the newspapers, but had not formed a decided opinion as to the guilt or innocence of the accused; had no conscientious scruples as to rendering a ver- dict of guilty when the penalty would be death. The chatlenge ag to fkvor was held by the triers “not sustained,” but the counsel for the defence thew peremiptortty challenged the juror, and he was set aside. Jacob Davidson, sworn—Had formed an opinion as to the guilt or innocence of accused, Challenge sustained by the Court, Jacob Pope, sworn—Had a fixed opinion aa to the guilt or innocence of ageused, Challonge sustained By the Court. Meyer Moretz, sworn—Had read very little about the shooting of Fisk and had not conversed about it with his neighbors; had not formed a fixed opinion; did not know Mr, Fullerton, or Mr. Morgan, or Mr. Beach; had not had any conversations with them er with anybody representing them; did not know Mr. Sisson. faatienge sustained by the triers. James Xi. aye sworn—Did business at 16 Wall street; had a fixed opinion as to the guilt or {unocence of the accused, Challenge sustained, Simon Heider, sworn—Was a dealer in shirts; re- membered the killing of Mr, kK last January; had formed a fixed opinion about the case; hardly any evidence could remove that opinion, Challenge sustained. Sydney Davis, sworn—Read the papers in regard to the killing of Fisk, and had formed a fixed opin- fon as to the guilt or innocence of the accused. Challenge sustained, Charles P, Reilly, sworn—Was in the tea business; had formed an opinion about the cage; no evidenco would change his mind, Challenge sustained, Mr. Townsend stated to the Court that the conn- sel for the defence could not consent to any separa- tion of the JOR, Some consuitation followed between the counsel and tho Bench, after which Mr, McKeon said that his impression was that separation of jurors in such cases mattered very little; but his associates ditfered from him, and he therefore assented to tho request made by his colleague. he Court suggested that as but two jurors were sworn as yet, an oMfcer of the court should be de- tailed to accompany them home and remain with them until the reassembling of the Court. The counsel accepted the proposition of His Honor, and the Court then adjourued till this morning. THE LOWDEN ABORTION CASE. Continuation of the Trial of Dr. George B. Gyles Charged with Killing Mrs. Lowden by. Pro- ducing an Abortion—Statement of the Ac- cused—Interesting Medical Testi- mony—Summing Up of Coun- sel—Judge Bedford to Charge the Jury This Morning. The court room of the General Sessions was filled to repletion yesterday by citizens anxfous to listen to the interesting trial now progressing there be- fore City Judge Bedford--that of Dr. George R. Gyles for manslaughter in the second degree, in producing an abortion upon Mrs. Mary Ann Lowden. District Attorney Fellows said that he rested the case for the peopl, reserving the right to recall Miss Lowden when she came into court to ask her a single question. Before Mr. Howe proceeded with his defence he asked the prosecution to concede that the deceased Mrs. Lowden was a widow. Colonel Fellows replied that he believed such was the fact, but he would rather have it proved. Mr. Howe then proceeded in a brief and neat ad- dress to open the case for the defence, stating that he would prove the excellent character and standing of Dr. Gyles, and that when called upon by the deceased to perform an abortion he refused other physicians, to the Distries Attorney's oMce and examined tho uterus, which Dr, Marsh pre- served, Whon he returned the oficial steno- graplher was requested to read Dr, Marsh’a testl- mony given on Tuesday, after which Dr. Frech said that the hemorrhage ef tho woman, Mrs. Lowden, was not the result of the two lacerations which were seen on the uterus, but wus occasioned by the detachment of the after- birth, ‘Those lacerations would have produced in- flammation and might have caused death after the lapse of three or four days, but the detachment ot tho placenta produced hemorrhage aud death, In his (Dr, Freoh’s) opinion she died from hemorrage, and that the detachment of that placenta had been exiesng previous to the infliction of those lacera- tions. Ho had known instances of women com- mitting aportions upon themselves. The Doctor was ably cross-examined by Mr. Fel- lows, and he adhered to the opinion that he did not think that the nemorrhage was the result of any operation which had been attempted on that wo- man three hours before her death, Dr. Lewis Tice was the next physician examined. He said that the lacerations which he saw on the uterus did not produce death; in his opinion healid not think that the separation of the pluceuta could have taken place in the space of two hours; nor that the woman died from any operation inflicted upon her during an hour and a half. The Doetor said he thought that the placental detachment, which he had inspected, was evidently the result of something which had been done prior. This witness Was cross-examined at length by Mr. Fellows, Dr. Studley, who examined the uterus, said that he conld not conceive of a person who might be 80 barbarous as to peated death in two hours bey producing an abortion under the circum- stancea detailed in this case; the lacera- tions which he saw could have been inflicted by a knitting needle or a piece of whale- bone; he had known of cases where women com- mitted abortions upon themselves, and gave in- stances of physicians conversing with patients who presented no indications of approaching dissolu- tion, and yet death took place a short time aiter thelr leaving. Drs, Ross and Wilson and Rev. William 8. Michaels testified to the unexceptionably good character of Dr. Gyles as a physician and as a Christian man, Mr. Michaels stated that the ac- cused told him whenovor ho inet poor people that needed medical aid to tell them to call upou him and he would give it free of charge. This closed the testimony. Mr. Howe presented a number of a objections to the indictment, some of which His Honor inti- mated he would rule upon to-day, and then he (the counsel) proceeded to address the jury. He mado @ fervid and impressive appeal in behalf of Dr. Gyles, contending that the testimony clearly estab- shed the innocence of his client, ‘The suspicious circumstances surrounding him were dispelled by medical testimony, and especially by the unblem- ished reputation which he enjoyed in this commu- nity for many years, istrict Attorney Fellows followed in an eloquent and apparently convincing argument, maintainin; that the evidence showed that Mrs. Lowden died a the hands of Dr. Gyles. He dwelt emphatically upon the testimony of Captain Byrnes, stated that the reason ay ‘adame Restell was not brought to the bar of justice was because there were onl; suspicious circumstances against her, an pecnren in earn terms the fall of Dr. Webster from the high social sphere which he occupied in murdering Dr. Parkman. In the course of his speech the able prosecuting oficer alluded to the celebrated trials of Lookup Evans and Rosenzweig, and contended that the circumstantial testimony against tiem was not stronger than that produced agalust the prisoner as the bar, The District Attorney did not fivish his speech till five o'clock, ange Bedford said to the jury:—At this late hour I do not deem it advisable to charge you. You will be kind enough to be here to-morrow, at eleven o'clock ponctually, at which time I will charge you. Meanwhile I request you not to hold conver- ire with any third party or parties relative to this case, ALLEGED WIFE MURDER IN THIRTY-THIRD STREET. > Verdict Against the Husband—He Committed to tho Tombs, Coroner Herrman yesterday held an inquest in the case of Mra. Mary Donigan, late of 612 West Thirty- third street, who died on the 12th instant, ag alleged from the effects of violence received at the hands of her husband, William Donigan, the night Previous to her death. Dr. John Beach, who made a post-mortem exa- mination on the body of deceased, testified that he found a large bruise on the back of the head; on examining the brain there was found on i an effu- sion of blood, the result of violence, Dr. Beach 1s of the opinion that it was abso- lutely impossible for deceased, after receiving the injurtes, to have got on the bed without assistance Is to do so, Dr, Edwin 1. Davis was called to prove the genu- ineness of tho signatures of Dr. Parker and other physicians of the New York Medical College to the diploma received from that {ustitution by Dr. Gyles in 1851. District Attorney Fellows conceded that the ac- cused was a regularly graduated physician and had received lis diploma, ‘TRSTIMONY OF DR. GYLES. George R. Gyles, sworn and examined:—I have hada large midwifery practice, and believe that in a practice of twenty-one years I must have brought thousands of children into the world; these are originals (producing a bundle of papers) of the re- turns made to the Board of Health, reaching to three aday sometimes; I first saw Mrs, Lowden on the 1st or 2d of May, about two weeks previous to hor death; she came into my store, and turning to one of the large show windows, she said, ‘I see that you have medicines for neuralgia; I am troubled with that affection;” I asked her to be seated and I would endeavor to see whether she had neuralgia or not; she excused herself and said she was in a hurry, but that if I would call round to-morrow to her house, 228 West Thompson street, I could then have more time and I could prescribe for her; the next day, when making my regular visits, I called at her | house; the person answering at the door said, “Ma | is not in;’’ I told her to tell Mrs. Lowden that Dr. Gyles, 112 Ninth avenue, called, according to her re- she promised to do so and I went away; a lew moments after, while unhitching my horse, near by, the young lady came running after me, saying, “Mother is in now and wishes to see you;?? Iwent back; Mrs. Lowden seemed a little excited, and after becoming convinced she had neuralgia i resoribed neuralgic powders; sie asked me my fee; I sald two dollars; she handed me the money and I went away; about two weeks after she came into my store ond said she thought her neu- ralgia was gone, but said she was troubled with | pains about her hips and loins, saying that she had been told cupping or leeching would do her good; I said, “I have not got any cupping instrument; I said, “T have plenty of leeches, and would be happy to apply them,” and offered to do it in my office; ‘would rather you would come and apply them in my house to-morrow,” which was Saturday; the first day I went to seo her [ went in n, but on Mondag, the 13th, 1 rode on horse- | lett the horse two or three doors from Mrs. a's house; I was shown into the parlor, hink It | and in about five or ten miuutes Mrs, Low- den came tn; she — wa dressed as if | She had been ont walking; afterwards she asked me to go up stairs, and [did so, bringing the leeches with me; Lhad to remind her a couple of | times that I came to apply the leeches; she said she wanted to go outside fora moment; she left the | door ajar, and I beard her talking in whispers to | Some person for ten minutes, H | going down stairs, and Mrs. Lowden returned to {| the room; she lad in her hand a large bottle, with nd heard footsteps apparentiy some sweet oll in it; she sald, “Doctor, Tthink there is something the matter with me; (the Doctor stated that he proceeded to say that he made an examination of Mrs. Lowden and was satisiied that she was enceinte); I asked her, continued the Doctor, if she was mar- ried, and, in on excited manner she said, “Oh, Doctor! my husband is dead over six years; I told her then her condition; she said, “Yes, doctor, [am (meaning she was encerte), an that was the trouble; that 1s what I wanted you to come here for ;’* she wanted me to get her rid of it; asked her had she been doimg anything or takin; anything; she frankly admitted she had been hav: ing something done; Lasked her who did it; she re- fused to tell me; T even asked her whether 1t was a | map or woman did it; she was “mum” on that sub- ject, but she begged and prayed with al the elo- quence and fervor that a Woman could put into her mouth for me to get her through with what she had already commenced; I again assured her that I would not do s0—would not have anything to do with it; she said she would do anything for me, give the auything in the world if L would get her clear of it; she then told me she was respectably connected, and I think belonged to a church or was acquainted with church members, and that it wonid rain her reputation, that she would sooner die than have tt known—in fact, she would kill herself if | would tell it; she caught hold of one of my hands and held it in both of , and through her entreaties and the representations she made of her family, and that the discovery of her condition would drive her to suicide, she prevailed upon me to promise I Would not tell; in a moment of compassion for o fellow creature, a lady of eloquence, I consented not to divulge it to any person; she then allowed me to go; at the time | left her there were no symp- toms of iinpending dissolution, Q Then, Doctor, you tell this jury, on your oath before Almighty God, that you neither gave this woman aby medicino or drug or did anything at all to induce abortion? A. If I was going to my death In one moment, I never did anything or gave her anything to produce an avor- tion; I made no vaginal examination; I have been married fifteen years; have a boy of fourteen and &nother six years old, and live at 417 West Twenty- third street; have ‘been Pant Gareunoeee years; I, or any physician, could have stopped | hemorrhage in tive minutes. Dr. August Frech was sworn, and before pro- ceeding With his examination he repaired, with of some one, and circumstances pointed strongly towards the prisoner as the man who laid her down on the bed; prisoner is a brutish looking fel- low and bears a bad reputation, he having been arrested several times for beating his wife. Henry McClain, M. D., was the first witness called, and testified that about twelve o’clock on Tuesday night, the 11th instant, he was waited upon by the prisoner, who said his wife was sick, but he ‘did not know what was the matter; said she had been sick seven or eight hours; the witness found Mrs. Donogin insensible, with marks of violence about her arms and body; from what the witness saw he had suspictons of foul play; thought she erly trem ietooe cerebral dificulty,she did not rally, and died the next morning; Donigan used his influence with the priest, to whom he made written statements, to induce the witness to give a certificate of death, but he would not do so: did hot see deceased but once previous to her death. Mrs. Ann Connell, of 512 West Thirty-ihird street, testified that she was acquainted with deceased, who was a@ very respectable woman; on Friday evening, the 11th inst., saw deceased come home from her work; at that time the prisoner was lying in bed, and she said to lim, “this is pretty business, and me out working; he was intoxicated; at half-past nine o'clock the same evening the witness was told deceased was sick, and went down to see her; found her in bed, but insensible, and she never spoke again; the prisoner, who was there, said, “If she gets better this time, there will never be any more trouble between us;” prisoner had been drunk in the cellar, and had come up after the witness came in; remained with Mrs. Donigan till she died, about eight o'clock the next morning; a doctor ed eee were called during the night before she died. Thomas Donigan, a small hoy, son of deceased, testified that about five o'clock on Tuesday even- ing he saw his mother come; she then seemed Well; fifteen minutes later the witness, wno had been outside, entered the room, when he found his mother lying on the bed and thonght she was sleeping; went out again, and at half-past seven o'clock was told by his elder brother that mother was vomiting and groaning; she did not speak, and thought she was sick; she had been vomiting up blood; about ten o'clock shook and tried to wake her, but could not; some of the neighbors came in; prisoner, who was eae, out on the cellar steps, was asked by the witness fi he had struck deceased, and he said no; prisoner had been in the habit of beating deceased ; prisoner then came up stairs and said, “if she gets over this I will never strike her any more; father was lying in bed when mother came home in the evening, and she talked to him about not working. William Donigan, the prisoner, was called, and made a statement in his own behalf; he denied beating his wife on the morning she was found in- sensible in her bed, and knew nothing about her sickness, The case was then given to the jury, who agreed on the following VERDICT :— That Mary Donigan came to her death from in- juries to the brain, the result of violence to the ead, inflicted, as we delieve, at the hands of her husband, William Donigan, at 512 West Thirty-third street, on the lith day of June, 1872. Donigan is about fifty years of age, born in Ire- land, and is a laborer. He denied his guilt, as was expected, and Coroner Herrman committed him to the Tombs for trial. MYSTERIOUS SHOOTING AFFAIR, The Victim in a Dangerous Condition— Several Persons Arrested. At an early hour yesterday morning Coroner Young was calied ont of bed for the purpose of tak- ing the ante-mortem statement of John Green, a member of Hope Lodge, and a spotter on the Third Avenue Railroad, who was represented to be lying in a very dangerous condition from the effects of a pistol shot wound of the left breast, which he had received few houra previously. On reaching the hospital the Coroner called at the bedside of the sufferer, but Mr. Green declined making a statement, believing, as he did, that his life was in no immediate danger. Green and a number of others had been drinking late at night in the lager beer saloon of Joseph Schwob, south- west corner of Fifty-second street and Third ave- nue, and while there Schwob and Charles H. Smith had a quarrel, during which, it is alleged, the latter threatened to take Schwob’s life. Atter closing up his place, at two o' ck, Mr. Schwob, after takin, a pistol for self-protection, started away with Green and Smith. On reaching home he dis- charged one barrel of his revolver in the street for amusement. ‘Tho friends then separated, and while going down Fifty-fourth street, between Second and Third avenues, Green says a stranger accosted him, and placing a revolver to his breast, discharged It, the bullet passing in beyond the reach of @ probe, The assassin then fled, says Green, and. made his escape. Green was taken to Nineteenth" precinct station house, and from thence to the Hospital. Captain Gunner, of the Nineteenth precinct, started out his mon, and soon afterwards Bcehwob, Smith, Edward Ho; Wm. Braiton and Charles Raus, all of whom 1 been inthe lager saloon, were arrested and taken to the station house. The police think that Schwob is the mau who shot Green, but think if so Jt was accidental; but this Green positively denies, Tho case is in- volved in mystery. Mr. Green lives in Second ave- nue, bear Filty-third street, THE COURTS. eae Goneral Butler and the Steamer Nassau—Wran- Glo Over City Advertising—Bail Refused for Moore, the Emigrant Swindler—Im- portant Presentment in the Gon- eral Sessions—Decisions, UNITED STATES CIRCUIT CouRT. Goneral Butler. and the Steamer Nas- sau—A Tilt Between Counsel and De- fendai Before Judge Shipman. In the Tilden-Butler sult yesterday morning Cap- tain Puffer was recalled and cross-examined at con- siderable length by cownsel for plaintiff, but noth. ing new was elicited from him, except that he had gone to New O:leans asa newspaper correspond. ent, and had been placed by General Butler on his amy he is nowa clerk in the New York Custom jonse, John 8, Sutphen, called by General Butler, testi- fled—I do business at No. 63 Whitehall street; I advanced the money to purchase the Nassau when she was sold by the United States Marshal at thig port, and J subsequently became two-thirds owner of her; thiawas some months before the Nassau went to New Orleans; I was summoned as a wit ness on this case by the plaiatitr. At this stage of the proceedings the Conrt suf- fered 80 much annoyance by the noise created by crowds of curious people coming into the court room, simply to gaze on General Butler, fling through the back part of the room from an adjoin- ing apartment and thence into the hallway, that an imperative order was given to have the nuisance abated, and an officer was placed at each door. Witness continued—I don’t know who owned the other third of the Nassau; I think some halfa dozen ersons claimed ownership of that third; I seat the fassau to New Orleans in charge of Mr. Van Wickle, giving him a full paren of attorney to act for me; I directed Van Wickle to deliver the vessel to Messrs. Buel & Wood, at New Orleans; Mr. Van Wickle bronght me back about $16,000, to retmburso me for the money I had advanced at the Marshal's sale, for which advance [ received as security a bill of gale of two-thirds of the Nassau. GENERAL BUTLER AND OPPOSING COUNSEL. uite @ scene occurred between General Butler and Mr. Doolittle, coun: for plaintia. General Butler was about to ex: the bill of sale given by the Marshal to Mr. Sutphen, in order to offer it in evidence, when Mr, Doolittlo desired to examine the bill. General Butler declined to give him this facility until the bill was formally offered In evi- dence, and Mr. Doolittle appealed to the Court, which decided that permission be given to Mr. Doo- little to examine the bill, evidently under the impression that General Butler had already formally offered the bill as evidence. ‘The latter, under some excitement, remarked that it was the first time that a paper had thus unceremo- niously been taken from him in Court while he was examining it, preparatory to offering it in evi- dence. The Court, comprehending the situation, then ordered Mr. Doolittle to give up the bill and take his seat, and he immediately obeyed. General Butler then took the bill, examined it and offered it, in evidence. Mr. Doolittle then examined it and took an exception. The witness, oe his cross-examination, testified that Van Wicklo had sent him word from New Or- leans that a Mr. Hunnewell had furnished the mo- ney which had been sent to witnoss to reimburse him for his advances. Henry L. Sturges, who was Captain of the Port at New Orleans when General Butler commanded there, was called by General Butler, and testified that the latter had instructed him to re- port to the General the arrival at that port of any light-draft steamers, as he (the General) wanted such steamers to fit out for the Teche expedition; witness reported the ar- rival of tho Estella and the Nassan, and saw that the Nassau was put in readiness to be transformed nto & gunboat; she was found too weak for the vice of the expedition by a Board of Survey, and the Estella was fitted out in her stead. General Butler said that the object of this testi- mony was to show that the Nassau was taken for the government service, and not for his private use; and that in taking her he did not arbitrarily fix a price, but had pald her value as ascertained bya Board ot Lar Ah) The witnessefurther testified that, so far as he knew, Andrew J. Butler, brother of General Butler, did not have any interest in or control of the towing business at New Orleans when General Butler was in command there, and that he (witness) would have knows the facts if such interest or control bad ex- ted. Adjourned. SUPREME COURT—CHAMBERS. Another Legal Wrangle on Brick Pome= roy’s City Advertising. Before Judge Barrett. In re Mark Pomeroy vs. The Board of Audit, &c.— There was another long discussion in this Court yes- terday on the subject of Mark Pomeroy’s bill, amount- ing to some $80,000, for city and county adver- tising in the Democrat, Unusual interest attaches to the case, as this is brought forward asa test suit, thero being some eighty papers, whose bills aggregate $2,000,000, having similar claims against the city, for which they cannot get their pay. It will bo remembered that a mandamus was applied for by Mr. Pomeroy against the Board of Audit, and that Judge Barrett granted one, directing the Board “to audit and allow the claim in whole or in part, as to them might seem just.” Some dissatis- faction was expressed at this, and the Judge set down yesterday for a reargument of the case. The court room was densely crowded, very many being newspaper printers, Pretty much the same line of argument was gone over as on the previous argu- ment, which was publisied at considerable length in the Heratp. Mr, Lawrence reviewed at length the act of 1872 providing for the payment of the claims of newspa- pers for city and county advertising. The Legisia- ture, he insisted, know perfectly well the situation of ofices as to oficial advertising in this city, and with this knowledge Mens the act in question, and with it made provision for the payment of the various claims that would be presented under the same. He denounced the attempt to get rid of ayment of these claims upon mere technical ob- etonn The claims were legal; the work had been fairly done, and payment was justly due. As to Mr. Pomeroy, he insisted that his’ paper was duly ap- pointed under the act of 1863 a Corporation news- paper; that this appointment was never revoked, and that the same was, therefore, continuous. The Board of Audit was required to audit their claims within thirty days, but in this regard had totally disregarded the directions of the Legislature. Mr. Strahan, on behalf of the Board of Audit, said there were claims of ebout $2,000,000 presented against the city and county for city and county advertising. In the present case he insisted that the publication of the proceedings of the Rel is , Uanyassers, of is! election notices, of the advertising of the Central Park Commissioners and varloug other advertise- menté—the bills for the same aggregating a large sum—were wjthout any authority whatever, and that Mr. Pomeroy, in his affidavit, lays no claim to ever having received any such authority. aside these unauthorized charges, and the sum really should be paid amounted to but little, Mr, O'Gorman said he did not believe that any of the papers whose bilis were now presented for pay- ment were appointed Corporation papers under the act of 1870, ‘This law limited the number of papers to seven daily and seven weekly, and under this law he insisted that no previous appointments were continned beyond this time, Judge Barrett suggested that some of the news- paper proprietors, not having had their appoint- ments as Corporation papers revoked, no doubt considered them continuons, and by continuing their advertising did so in good faith. This sum, therefore, might be an equitable, though not strictly legal claim, against the city. He threw this out simply a3 @ suggestion, and not as an opinion of y Court. ald iter some further remarks the Court took tho papers, reserving its decision. Bail KRefased for Moore, the Convicted Emigrant Swindler. In re Charles Moore.—Application was made to discharge Moore on bail. of General Sessions of emigrant swindling, and that a motion for a new trial is pending on writs of error and certiorari, It was urged that his health is being seriously impaired by his protracted im- prisonment in the Tombs. The Judge refused to grant the application, and Moore was remauded to the City Prison. Decisions, In the matter of the petition of Reuben Langdon, é&c.—Report conflimed and judgment of dissolution granted. Mary Binnell vs. Christian Binnell.—Referred back to take further proof, &e. See memorandum. Meyer vs. The Pittston and Elmore Coal Compa- ny,—Motion for a reierence dented. Scott et al. vs, James Frater et al.—Motion granted. ‘ Wakeman vs, Dalling et al.—Extra allowance of $750 granted. SUPERIOR COURT—SPECIAL TERM. By Judge Freedman Mary Milier vs. Henry Phiefer. with $10 costs. Hosea Birdsall vs. Orlando P. Dorman et al.—See Menorandum on papers. Samuel R, Dunner v8. Bird F, Hitchcock.—Same. Joseph L, Lord et al. vs. Anthony B, Trustin,— Sarue. Cornelia Austin vs. David H. Goodrich.—Same. A. Bangs et al. vs. the Savannah and Memphis Ratiroad Company.—Same, Wiiam Kre! else va. Adam Ritter.—Same, In the matter of Louis A. Depau.—Same, Seth W. Hale ve, the Europa Natioual Bank.— Order granted, lotion granted, It will be remembered | that he was some time since convicted tn the Court | COURT OF CORON PLEAS—SPECIAL TERM, tamer Dedigtons. By Judge Xow. Wrnkoop va. Coll, o for Sehr oer vacMurphy seams RADAUEA DE SORA COURT OF GENERAL sessigns. Discharge of the Granda Jury—Prosnt ment About Beggars. Before City Judge Beatoxa. The Grand Jury came into court at noon yeater- day, and when the foreman handed @ batch of im- dictments to the Clerk he stated that they had Anished their business, Jndge Bedford said:— Mr. FOREMAN AND GENTLEMEN OF THR QGRanp Jory—I learn that you have completed your labors for the term, having passed upon oyer 130 You are now discharged from further attendanes with the thanks of the Court. I hold in my hands communication received from your body throu your foreman, requesting tt to be presented to ‘the Chief of Police, and it shail be forwarded forthwith. The folowing is @ copy of the presentment :— A PRYSENTMENT OF INTEREST—TO BEGGARS. The Grand Jury have finished their labors for the Regs On handing into Court the last baton ta the; e soateeee ey also made the foliowing pre The Grand Jurors, beforo fnishin; By on beg, through the Gourt, to call the attention of the ‘Shied of Lolica to the Increasing number of begars, an more paricnlarly to those cases of deformity which are now exhibited ti Mae public streets to the gaze of every passer by. The exhibition of Giscusting derormities and malfor- mations to excite sympathy tus jury considers w yrowl evil, and one that ought to be suppressed. The jury woul also call the attention of the Court to the great increase. of crime, caused, as thoy believe, by the lolation ae the Excise law, in keeping open places for the sale of wines and Liquord on Sunday, voter Francis Expicorr, Scoretary. NCLOSS, Foreman, Jndge Bedford discharged them, with than! their labors, and said he would’ forward rst sentment forthwith to the Chief of Police, COURT CALENOARS—THIS DAY. Surry Court—Orrcurr—Part 1—Held by Ju Van Brunt.—Nos. 1591, Myst 1751, 2085, 723, 991, 2003, Part 2—Weld by Judge Brady.-Nose 770, 568, 656, 670, 720, 79032, 800, 2704, 634, rett.—Nos. , 51, 58, 58, é, 70, 71, 74, 86, 87, 91,98, 96. Gall 'lo4, * me udge Barbour.—Nos, 978, 956, 1050, 1066, 1206, 1232, 28, 1226, 112, i Court or GomMON PLEAS—TRIAL THRM—Part 1 Held by Judge Loew.—Case on. Part 2—lield by Judge J. F, Daly.—Nos. 999, £2075, 1494, 1559, 1652, 1682, 1517, 982, 1651, 769, MARINE CourT—TRIAL TERM—Part 1—Held }y Judge Tracy.—Nos. 9004, 8870, 9101, 9947, 8690, eZ, 8689, 8783, 8858, 3878, 8807, 8929, 8056, 0861, 9862, 9835. Part 2—Held by Judge Spaulding.—Nos. 9159, 9230, 9564, 9162, $229, 10027, 9651, 9186, 9156, 0930, 8901, 8760, their labors, 9245, 8917, 9200, 9022, ‘0160, BROOKLYN COURT CALENDAR, Surremm Covrt—Crecurr.--Nos. 130, 22, 14, 98, 108, 199, 140, 1, 49, 122, 165, 4, 134, 176, 185, 186, 180, , 52, }, BS, 21, Ctry CoURL—Nos. 4, 250, 109,-161, 251, 112, 147, 7 98, 110, 138, 197, 190, 206, 884, 136, 193, 280, 6, 203, ‘257, 261, 262 to 209, {nclusive. THE JUMEL EJECTMENT surr. Preparations for the Retrial—Now Tes timony. The case of George Washington Bowen against Nelson Chase, recently tried in the United States Cireult Court, in which the jury disagreed, will soon come on for a retrial, and new evidence of a very interesting character has been taken, in the form of depositions to be introduced. The following is a part of the new testimony, the witnesses having been examined on behalf of plaintiif, and cross-ex- amined by Mr. Charles 0’Conor:— Henry Nodine testified—I life in Twenty-fourth street; am seventy-six years old; was born at Fort Washington, near the Jumel place, and knew Stephen Jumel; he came to live in the neighborhood a year or two previous to the war of 1812; I worked for him, and he told us how he came to this country; he said he worked for a gentleman who cheated him out of all his wages; then he went to work for another, who, when he was about to fail, put his property into his (Jumei’s) hands, which he took and came to this country; he said that he brought more boxes of dollars than his corn crib would hold; he set up @ barber shop in Cherry street, then went into the wine business, and afterwards into the shipping business; then he bought the property at Fort Washington; all this was said to me, to my brother and to my wife’s grandfather; I never saw him after he went to France; 1 knew Eliza B. Jumel, Jumel’s wife; they went to France together, but f do not remember the year; [heard Jume! tell my wife's grandfather that he had given Mrs. Jumel & deed for forty acres to get her to go to France with his ma, I knew William Jones, a shoemaker, who lived in the red house which Jumel owned; [I heard Mme. Jumel tell my grandmother that she (Mme. Jumel) and Mrs. Jones were stepsisters; Mrs. Jones’ father had married Mme. Jumel’s mother; Mrs. Jones also spoke of this relationship; I did not discover any resemblance between her and Mme. Jumel; at that time I think Mrs. Jones had four children, the youngest of which, I believe, was a boy; I never knew the present William Jones; Mme. Jumel had been back four or five years before | went out of the neighborhood; I did not think that Jumel and his wife lived together peaceably; I saw hor with a ra many a time chasing him out of the house; fumel was friendly and sociable with ts fe f cannot say what drink he used to indulge in; ldo bpp ba! either the plaintii’ or defendant tn this su Cross-examined by Mr. 0'Conor:—My father waa one of General Washington's guards; his name was Andrew; I remember that when the war of 1813 broke out we had to stand a draft; we drew lots to see whether we would have to go or not; I wens in the place of my eldest brother, Who was drafted and who hada mS I served three months at Harlem Heights, under Captain Sinith: I got my regular discharge from Colonel Bogardus; it was burned up long ago; the drafting took place at the stage houso in Manhattanville; a colonel and cap- tain sat sat there with a box containing tickets, {nto which we put our hands and drew. [The wit- ness was here cross-examined at great length con- cerning his youth, family and relations.) Iknew the adopted daughter of Madame Jumel; we called her Mary Jones; I do not know whether she went to France with Madame Jumel, but I never saw her after Madame Jumel went away to go to France; I heard Jumel and his wile talk about their marriage once when I was in their house, The examination was then adjourned, A DESPERATE THIEF. He Robs His Employer and Attempts to Murder Three Mon—One of Them Shot in the Mouth—The Thief Shoots Himself. For the past three months Dantel Flanigan hae had in his employ at his store, 651 Eighth avenue, a porter named George Kegele, a young man whosd outward appearance and countenance are not at all pleasing. Since Kegele has been in his employ a large amount of goods have been missed, consixt- ing principally of silks. Suspicion feil upon the porter, and the clerks in Mr. Flannigan’s employ were instructed to keep & watch on his movements. Yesterday morning James O'Shaughnessy, a clerk in the store, it is alleged, saw Kegele going into the cellar with a large bundle under his arm, The clerk followed him, and upon being discovered by Kegele the latter dropped the bundle and, drawing a seven-barrelled revolver from his pocket, fired one shot at him, the ball, fortunately, doing no further damage than ripping open a hole in the plastering on fhe wall. Aster fring the shot tha would-be Inurderer ran up stairs into the body of the store and mado for the door. Mr. Flanigan, who happened to be in at the time, hearing the fir- ing and observing Kegele making for the door, fol- lowed after him, Kegele ran down Thirty-eighth street towards Ninth avenus, and discharged four or five shots at Mr. Flanigan, who was but a short distance pena Res one of which took effect on the person of Flanigan, At the corner of Thirty-elghth street and Ninth avenue, a laboring man named Philip Loeme, of 200 West Thirty-sixth street, saw the parties approach- ing, and hearing the shooting and crics of “Stop thief,” attempted to capture Kegele, but was rewarded by having the pistol placed in front of hia face and discharged, the ball entering Loeme's mouth and passing out through his cheek. Loeme. not relishing this kind of treatment declined to further interfere in the matter, and the ruffan rem in front of 339 West Thirty-ninth street, where ha found the coal bole open, and jumping through it concealed himself tn the cellar. OMicer Osborne, of the Twentieth precinct, being informed of the exploits of Kegele, entered the cellar and found the desperado crouched down in one corner, bleeding profusely from a wound tn the thigh. When interrogated as to how he had re- celved his wound; he stated he was in the act of — putting the revolver in his pocket when it went off, the bull entering his thigh. [le was removed to the station house and attended by Dr. Armstrong, who, after probing about an hour, succeeded In ex- tracting the ball. He was arraigned before Justlos Cox, at the Jefferson Market Police Court, yester- day afternoon, when a complaint of grand larceny, charging him with stealing the sik, which ts valued, at $45, was preferred against him; also a complaint of felonious assault and battery. He Pleaped guilty to the charges, and was committed without ball to appear for tri Mr, Robert Bell Hiliiard, of No, 7 Warron street, was robbed of a check for $100 yesterday afternoon, while passing through Church street, and Mr, Wil. liam & Yorko was arresied for presenting said check to the paying teller of the National Trust Company for payment, Judge Hogan locked Yorke up for trial. ‘ shies