The New York Herald Newspaper, June 27, 1872, Page 8

STOKES. e f A Complete Jury Sworn in the Case of the Pople vs. Edward 8. Stokes for the Murder of James Fisk, Jr, Public Interest in the Trial. Reviving Fol List of the Jurors, with Their Businesses and Residences. Scenes and Incidents in Court and Opening for the Prosecution. hile The Trial Adjourned Till This Morning. Yesterday was the seventh day of the initial pro- ‘ceedings in the trial of Edward 8. Stokes for the marder of James Fisk, Jr., at the Grand Central Hotel, in this city, on Saturday, the 6th day of January last. These long, tedious seven days were consumed in empaneiling a jury, in swearing in twelve good men and true, to whom the ac- cused and his cause are now committed. Should the actual trial of the case between the people of the State and the prisoner be proportionately spun out, through the devices of counsel and the foils and subterfuges of the law, three weeks may elapse before the law is vindicated or justice satisfied. The crime of murder calls for a speedy deliverance to the accused if innocent ¢¥ of prompt retribution ‘upon hishead, through the penalty of death, tf pro- nounced guilty by a verdict of his countrymen. Through the long, TEDIOUS AND HARASSING obstructions thrown in the way by counsel, this case has dragged its slow length along, disappoint- tng the public mind, bent, as it has been, upon see- ing justice done and some conclusion arrived at as to the guilt or innocence of the prisoner—up to yesterday, when the full jury was at length sworn and the last man took his seat in the box beside his confréres, already pretty well disgusted at their enforced duty and the prospect of a still longer and severer infliction of legal harangues, disputations and squabbies. CHALLENGING JURORS. So much of public attention has been called to the extraordinary delay in procuring a jury in this Stokes case by challenges that the readers of the HERALD must naturally desire to be posted upon what to many of them is an enigma. The law, which presumes that one accused of any crime is Mmnocent until he is proved guilty, hedges in the rights of one put upon trial for his life with every safeguard and coigne of vantage possible. The challenge of jurors, in whose hands the life and Itverty of the citizen rest, is perhaps the most im- portant in the opening proceeding in a trial where the accused is charged with the crime of murder, There are four orders or degrees of challenge, There are two kinds of principal challenges— namely, challenge to cause, and challenge to favor. The first, challenge to cause, is to the array of names drawn as jurors, or to the polls. A chal- lenge to the array is made on account of some defect, on making the returns to the VENIRE, and is at once an objection to all the jurors in the panel. It is either a principal challenge—that is one founded on some manifest partiality or error committed in selecting, depositing, drawing or summoning the jurors by pursuing the directions of the acts of the Legisiature—or it is where the juror has formed or expressed any opinion as to the guilt or innocence of the prisoner. The Court alone, of course, being the best interpreter of the law, has the right'to act as trier on this challenge. CHALLENGE TO FAVOR is made where bias, partiality, leniency, or If the juror bears any relationship towards the accused. fhe Court can act as trier by consent of the risoner to this challenge. Should the prisoner, jowever, object to this, two OF THE AUDIENCE must be selected to act as triers. The prisoner has the right to peremptory challenges, which are made without assigning any reason, and which the Court | must allow at common law, in all cases of felony— thirty-five, or one under three full jurors, This num- ber is now regulated by the local law of the differ- ent States of the Union. According to the statutes of the State of New York there are only thirty now allowed, The old law used to allow twenty chal- lenges for the prisoner and five for the prosecu- tion, Thirty are now allowed on both sides, ‘There is also a challenge to the polls; it is prop- | fer delectum, or the legal incompetency of the j Juror on the ground of infamy; also as an allen, by reason of infancy, old age, Or the want of those qualifications required by the legislative enact- ment. In this case there were SEVEN HUNDRED AND FIFTY Jurors summoned to attend, and after seven days of continuous and tedious examination and swear- ing the required number of twelve “good and true men” were obtained to try the case, THE COURT ROOM Pr nied the usual appearance yesterday—not over crowded; but among the spectators the feel- ing evidently prevailed that counsel could no longer parry or ward oif the eventful moment which must give the of their client to the testimony ot at witnesses as the prosecution would produce to testify as to the shooting by Stokes and the con- t death of his victim, Fisk. There was a olemn silence pervading the court room than on any previous day, and the face and bearing of every juror called were closely scanned and the re- sult of his examination painfully awaited, THE ) OF DAMOCLES that hangs over the head of the accused was taking shape in the minds of all, and when at last THE TWELFTH JUROR was accepted and sworn, and took his seat in the | jury box it was clear that the beginning of the end i at last been reached. JUDGE INGRATIAM, looking languid and ill at ease with the protracted strain put upon him, and doubtful whether a jury would be obtained before the close of the session, took his seat on the bench promptly at half-past ten o'clock. Counsel for the prosecution and the defence were also punctuaily in their seats, THE PRISONER closeiy guarded was brought in, and took his aceus- tomed seat beside his counsel. Stokes bore himself ax bravely as he possibly could under the cireum- stances. The air of unconcern which was the pre- dominant feature about him heretofore, however, failed him, when at last he was called to stand up and confront the twelith juror, who, with his asso- clates, Will be called upon ina few days to pass upon his guilt or innocence. His aged father and his brother sat beside him the greater part of the day, the former not sitting out the whole of the roceedings, butevidently too aflictea at the now mmediate prospect of the fate that awaits his son to remain to the close. Among the other SBpectatos were two ladies, who seem never Wearicd of sitting out the empanelling of the jury, One is aged, and is dressed in ‘widow's garb, while her companion 1s a young and aprightly blonde, seemingly taking great interest in the proceedings. She is rather prepossessing in gppearance, and was dressed yesterday in a Doll: ‘arden overskirt reyes are jorever turned with sympathy towards Stokes, who, however, does not seem to regard the interest of the lady with any particular favor. SEVENTH DAY'S PROCEEDIN . Mr. Sparkes, the affavie Clerk ing called over the names of the ten good and true men already sworn, commenced calling the largest panel yet ie ey numbering 150 names, the first being that o CONTINUATION OF THE CHALLENGE, Henry Wise, of the Twenty-first ward, strong opinions on the subject, was a stand aside, Heury Babcock, being also biased, was requested to retire. Mr. J. Halwick, broker, not being a competent furor, was told to stand aside. dein King. Stand aside. George Huntington. Stand aside. Henry Whittle, being considered unbiased in every respect, was sworn in as the ELEVENTH JUROR At eleven o'clock. Mr. Whittle is not a tall man, measuring tn his Stockings about five feet six; he has a fine ex- or. countenance, with mild brown eyes, and a id pate with side tufts of brown hair, with side hue. He Having | sired to | Whiskers and under beard of a ginger ‘was dressed in a neat fitting suit of black, with tie fo match, and a spotless white shirt. He is evi- entiy a’ very Intelligent man, and one who will, Moubtiess, be guided by the evidence and the evi- dence alone, tull was desired to stand aside, he being ent juror, ng Was desired to stand aside, William Vernan, Stand aside. Edward Mehan. Stand aside. Wotan Thompson. Stand aside, ‘liam Blaise had read the HERALD about the Ynurder of Fisk, but had formed no opinion on the Bubject; had no objection to capital punishment; did not know the prisoner nor any of his counsel, Challe to favor. The triers found the chal- Jeuge to be not true, dhallenged peremptorily by Bhe defence, dames McCall.—Stand aside. James SheMeld a dealer in drugs. having very NEW YORK HERALD, THURSDAY, JUNE 27, 1872.—TRIPLE on the subject fag citennes Sea Ananias Conover,—Stand aside. Joseph Walker, residing in Fifteenth street, had Q ‘ strong opinion which it would require strong evi- dence to remove. Challenged to favor. The trie: found, challenge to be not true. Challeng? peremp' vt the defence. ». Lucius Winslow was challenged to favor... “The pera Band Se rags to not true. * Chal- eo remptorily, ‘A receas ‘was here taken, THE TWELFTH JUROR OBTAINED, Shortly alter recess the twelfth juror was ob- tained in the person of John Tucker, paper dealer, residing at 313 East Forty-first street. e swear. ing in of the last juror caused quite an excitement in court, and when at last he took his seat and the joy, was thus complete there was an in of rellef throughout the audience, ‘The following is a complete list of the jurors in be oy ibe Jewelry, 393 Broad’ 1, Meyer Homberger, jewelry, ‘oadway. 2. Roderick Hogan, hats, 374 Bowery. 8 Bennett Willlams, laces, 773 Broadway. 4. Nehemiah N. Cornish, wool, 50 Lispenard street. m | Lal F. Stone, bookkeeper, 23 Great Jones street, it ‘Thoonore Flamme, corn merchant, 23 Univer- sity place” 7. John Edwin F. Bond, clerk, 261 Broadway. 8 Peter E. Hopkins, hats, 446 Broadway. 9. John H, Thompson, tailor, 508 Broadway. 10. John A. Lefferts, enameller, 417 West Twenty- fourth street. 11. Henry C. Whittle, stationer, 653 Eighth ave- nue. 12, John Tucker, paper maker, 313 East Forty- first street, OPENING FOR THE PROSECUTION. District Attorney Garvin then addressed the jury as follows. Complete silence prevailed while the prosecuting officer spoke. He said:— GENTLEMEN OF THE JURY—It is not a very un- usual thing in cases.of this description to occupy a very considerable pertodof time in obtaining the necessary number of jurors, for the reason that where publicity is given in the newspapers to ac- tions of this kind every intelligent man reads more or less of the accounts written, and thus forms, to some extent, opinions or impressions. I have no doubt that some of you, gentlemen, have thus already adopted views which you will be obliged to dismiss from your mind. It may be that this is the first time that you have performed a duty of this description, though it is the highest and holiest and most responsible position that you can ever be placed in during the period of your natural life. No man can come to the consideration of @ case of this kind without a sort of aye fen eae his mind. It has been my fortune, good or bad, to prosecute and defend ina great number of important cases of this descrip- tion during my experience as a lawyer, and although a man feels a certain degree of trouble and difficulty when he sits down to defend a pris- oner on a charge of 80 grave a character, yet it is nothing to be compared to the reaponalyllity. which one feels when he occupies the position of ublic prosecutor. It is not only that there fs a fuman life involved in the result, but he has re- ponsibilities which le behind him and surround him, which awe him into akind of reverence for the tribunal before which he appears. And whatever difMiculty may attend the prosecution of this case, that is nothing compared with the duty imposes upon the jury by the obligation to pronounce a just, an honest, a fair and a courageous verdict upon the evidence which will be produced for their consideration. The life of & man, gentlemen, the life of the risoner, {8 in your hands. You also ave before you the life of the human being that has been taken, and it makes no difference whether that man was good or bad. Whatever may be your opinions or impres- sions, whatever may be the information that has entered your mind produced by the reading of the newspapers or by conversation with other persons, whatever expression you may have given, must be now dismissed from your mind until you have heard the testimony of the witnesses, by which alone you must be governed in making up your verdict. You must be guided by no ani- mosity, no malice, no {ll will no favoritism; on the contrary, you are simply to take the case on the evidence. Now, gentlemen, in order to arrive at a verdict in this case, the Court will tell you that the law is that if the life of Colonel Fisk was taken by tes premeditation and with intent so to do at the time of the transaction, then the prisoner is uilty of murder in the first degree, and you are bound so to find him. There are no refinements about this question, no doubts, no trouble sur- rounding it. Now, gentlemen, I am instructed that in this case we shall prove that, about four o'clock in the afternoon of the 6th of January, 1872, this prisoner was seen on Broadway. The nex: that was seen of him he was passing the Grand Opera House, within a very few minutes thereafter. As he passed he looked directly into the window where Colonel Fisk stood. A very short period of time after that he was seen again in Broadway in a coach going to the Grand Central Hotel. He was observed to enter tiat hotel in a hurry; he went up the stairway and stood at the head of the stairs, lying in wait and watching for the appearance of fome one, but whom no one at that time knew. Less than five minutes after that Colonel Fisk stepped out of his car- riage, waiked up that stairway, and at the head of the stairs stood the accused now before you, his pistolin hand; he fired a first and a mor- tal shot, and then, to make sure, fired a second time. Now, gentiemen, if that is a true statement; if there is nothing élse about this case than that; if he did thns He in wait for Colonel Fisk and shoot him, aud if that was a mortal wound, and Colonel Fisk died in consequence of It, I shall ask you at tne close of the case to render @ verdict of pre- meditated murder against this prisoner and let him take the consequence of his crime. If, on the contrary, there is any evidence pro- duced by him which relieves him from this responsibility then it will be for you to listen to it, hear it and give it such consideration as it shall be ae to; and, if he is not guilty, so pronounce im. THE FIRST WITNESS CALLED. Charles G, Hill was then called, but did not re- spond, although he had been in Court during the morning. Mr. Tremain, counsel for the defence, asked, under these circumstances, that the case be ad: journed for the day, and District Attorney Garvin ‘also supported the motion. ADJOURNMENT TILL THIS MORNING. The Court sald that it was due to jurors that the case should be proceeded with as rapidly as possi- ble, but as the witness was not forthcoming he would grant the motion. The Court then adjourned till this morning at half-pagt ten o'clock. NEW YORK CITY. Comptrollet Green pald yesterday the Depart- ment of Public Instruction for salaries of teachers and janitors and the general expenses of that de- partment to July 1, 1872, $200,000, At a meeting of the Board of Park Commissioners held yesterday Mr. Frederick W. Whittemore, the chief examiner in the Department of Finance of the bg presented to the Board of Audit, was elected clerk, The Committee of the Board of Supervisors on Civil Courts held another meeting yesterday with respect to the payroll of the discharged employés of the Court House, but no final result was arrived at. A large number of the unemployed were in at- tendance, . The body of Charles H. Seymour, a lad twelve years of age, drowned three or four days ago, foot of Seventy-ninth street, North River, was yesterday found in the water foot of Fifty-second street. De- ceased lived at 209 West Fifty-first street. Coroner Schirmer was notified, Frederick Loosey, of 327 Fifth street, was killed yesterday afternoon by a crowbar that fell upon him from the top of a building upon which he was work- ing, on the corner of Broadway and Nineteenth street. The body is now lying at Bellevue Hospital, waiting the action of the Coroner. The second annual report of the New York State Hospital for Diseases of the Nervous System, just issued, gives the patients treated during the year 372, and the number of visits made 4,592. The ofi- cers are:—President, W. H, Appleton; Vice Presi- dent, Thurlow Weed; Treasurer, H. 0. Fahnestock, and Secretary, R. D. Hatch, Aman, whose name, from papers found in his possession, is believed to have been James Roby, yesterday died in Centre Street Hospital from the effects of injuries received on Sunday last by failing from the first floor of the new building corner Cen- tre street and Tryon row to the subcellar. Coroner Keenan will hold an inquest. Deceased was nine- teen years of age and a native of England, The alamni of the Theological Seminary of the | Protestant Episcopal Church met yesterday at the Churehb of the Transfiguration and partook of the Communion, administered by the Bishops of New York and Missouri, assisted by the Rev. Dr. Van Kleeck, after which tJ adjourned and participated in the annual breakfMst, which was served up ina sumptuous manner, the Bishop of New York pre- siding, Eveline Le Barron, of 55 West Houston street, appeared at the Jefferson Market Police Court yes- terday morning and charged Elizabeth Williams, a seamstress, with stealing two diamond and one gold ring from her, all valned at $i67.. The com. plainant states that while asieep on Monday night the anne ee Sak finger and took off the rings. She dente charge, but was committed for trial at the General Sessions, This morning the competitive examination for the cadetship at Annapolis offered by Colonel Rob- erts to the boys in the schools of the Fifth Congressional district tak lace at the Board of Education, The ihe Christian Brothers’ schools, a8 well as the boys Of the pubitc schools, will compete for the place. The examina- {ion will take place before a committee of well. Wwnown citizens, The occasion to be an interesting one, arising from ition be- e CO) Jween the boys of the parochial and pu! schools. THE COURTS. ‘Interesting Proceedings in the New York and Brooklyn Courts. Alleged Fraudulent Bond—Seeking the Custody of a Daughter—Argument of Counsel in the Bonard Will Case—Business of the General Sessions—Decisions. UNITED STATES CIRCUIT COURT. Alleged Fraudulent Bond. Before Judge Shipman. John Huttenmetster, a German, about 70 years of age, was placed on trial yesterday, on a charge of procuring a false affidavit to a bond for a tobacco license on the 9th of April last, Mr. Bell, counsel for the prisoner, moved that he be discharged, on the ground that there was no proof before the Court that such an affidavit was required by law. Mr. Purdy replied for the government. The case still on, SUPREME COURT—CHAMBERS, A Mother Secking the Custody of Her Daughter. Before Judge Barrett. In the Matter of the Application of Constance B. Price.—This is an application for a writ of habeas corpus with the view to obtain possession of her daughter, Lillie M. Price, four years old, who isa deaf mute, The petitioner states that she was married to Walter W, Price in July, 1865, and that in October, 1871, her husband drove her trom their house, retaining custody of their child. She further avers that he is a drunken, dissolute character, and unfit to have the care of the child, while she is willing and abundantly able to take care of her. The writ was granted, and the facts on both sides wil be fully investigat« SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Freedman, Isidor Altschull et al. vs. Hugh McNulty.—Motion granted and attachment vacated, with $10 costs, Margaret Iversin ve. Henry Ilversin.—Motion granted with $10 costs, Edward Sherer vs. William 8 Young, et al.— Motion granted, unless the parties can agree upon areferee, Alfred Erbe, No. 25 Chambers street, will be appointed as such. John B. Trevor et al. vs. Henry N. Smith.—See memorandum or papers, Seth W. Hale vs. The Omaha National Bank.— Motion denied, without costs, and with leave to review in case of defendant’s failure to answer. The Merchants’ Exchange National Bank vs. The Commercial Warehouse Company.—Motion denied, ‘without costs, and with leave to renew in case of defendants fatlure to Co iam Anne W. Norman vs. Alpheus J, Norman.—Refer- ence granted, George Woods et al. vs. Richard Doane et al.— Order granted. James W. Smith vs, George Frolich.—Same, Francis P. Osborn et al. vs. George F. Ganty.— me, Joseph F. Joy vs. Pomeroy & Dickinson.—Same. SURROGATE’S COURT. The Bonard Will Case—Final Argument of Counsel. Before Surrogate Robert C. Hutehings, The closing arguments in this now celebrated will case were delivered yesterday by Judge Porter and Mr. Gerry. Judge Porter commenced by combat- ing the point of Mr. Gerry that the legatees under the first will had no standing in court to contest the second. He then said that the first thing for the Court to do in determining whether a will is valid or void was to read the will to see what the testator meant, and then to see whether the ex- pressed intention is in harmony with or in contra- vention of the principles of law. The intention of this testator was the humane one of relieving animals’ suffering; but if the gift had been illegally made the will must fall. It was conceded that the will was void as to the realty, and he argued that as the will directed the hererg | to be turned into real estate it was void as to that also, The will was half dead confessedly, the bulk of the testator's property being in real estate, so that as to that it was an abortion and could not stand, and the only question remaining was, whether the bequests of personal property were similarly affected. Upon his point the counsel cited a large number of authorities both’ from American and English cases, and then said that while the law respected & man’s right to make a will it regulated it. A child of fourteen could not make a will, although it might own more property than the mass of mankind between two score and four score years of age. So the avarl- cious man when he attempts to extend his avarice beyond the grave and to secure for himself a post- humous immortality by connecting his name with great institutions, if he does not comply with the law the law steps in to prevent. Within the limits of the law every man inight make a will; beyond those limits no man conid make a@ will. Bonard’s intentions were good and kind and humane, but they tailed because he did not understand the law. At the close of the argument, which occupied nearly two hours in its delivery, Mr. Gerry replied briefly and Mr. Coudert handed in a printed brief. ‘The case was then submitted, Surrogate Hutchings reserving his decision. COURT OF GENERAL SESSIONS. The Notorious Chauncey Johnson Sent to the State Prison for Ten Years by the Recorder. Before Recorder Hackett. Upon the assembling of the Court yesterday morn- ing His Honor the Recorder proceeded to charge the jury in the case of Charles Jackson, alias Chauncey Johnson, tried for grand larceny, in being associated with Henry Martin and Henry Miner, the latter of whom was convicted on Tuesday of stealing $105 in money from Mr. Debuck’s counting room, in Fourteenth street. ‘The Recorder's charge was exceedingly fair towards the accused, the jury being cautioned in the most emphatic terms not to let. the fact of a former conviction influence their judgment in considering the evidence in this specific case, A verdict of guilty was promptly rendered, after which the Recorder, without delay, sentenced Johnson to the State Prison for ten years, The name of Chauncey Johnson, by reason of his connection with extensive bank robberies, is as familiar to all readers of criminal proceedings as_his iace is to every detective officer in the United States, Assault and Battery. Charles Henning, a sailors’ boarding house keeper, was tried upon a charge of assault and battery. The complainant, Christian Johnson, the . mate of a Norwegian bark, testified that on the 10th of June the defendant was taking away a chest from the pier, and when he (Johnson) attempted to prevent him from removing it the ac- cused struck him two blows in the face. Henning and other witnesses testified that he was authorized by sailors to remove their baggage to his house, and that Johnson seized him and ulled the chest from him, which fell upon his feet. Not knowing that Johnson was the mate of the vessel he (Henning) struck him, The jury rendered a verdict of guilty; but as there were mitigating circumstances, the Recorder suspended judgment. COURT CALENOARS—THIS DAY. SupreEME CoURT—GENERAL TERM—Held by Judges 00, 134," 161, 162, 163, 164, 165, 166, 167, 1 , 174, 236, 175, 176, 177. Supreme CovurT—CHAMBERS.—Held by Judge Barrett.—Nos, 58, 102, 106, 119, 131, 133, 142, 160, 170, 171, 174. Call 176, Court OF CoMMON PLEAS—TRIAL TERM—Part 1— Held by Judge Van Brunt.—The cause now on trial will occupy the balance of the term. Court OF GENERAL Sesstons—Held by Recorder Hackett.—The People vs. Michael Quinn and Wil- liam Shay, manslaughter; Same vs. James Larken, manslaughter; Same vs. John Conklin and Edwar Smith, robbery; Same vs. Edward Butler and Bene- dict Clark, robbery; Same vs, John Dougherty, bur- glary; Same vs, Clifford B. Fulton, forgery; Same va, Tames Mailins, grand larceny ; Same vs. Andrew Barnes, grand larceny; Same vs. Sebastian Kapp, rand larceny; Same vs. Emanuel King, larceny om the person; Same vs. Michael Jones and James Fox, larceny from the person; Same vs. John Mur- hy and Patrick Ahearn, larceny from the person; Bame vs. James Hughes, Peter Demorest, et al., riot. Zz BROOKLYN COURTS. UNITED STATES CIRCUIT COURT. Interesting to Railroad Companties—Al- leged Infringement of a Brake Patent. Before Judge Benedict. James D, Mowray, as Trustee, et al. vs. The Grand Street and Newtown Raflroad Company.—This was & motion for a preliminary injunction to restrain the defendants from using upon their horse cars a certain brake claimed to be an infringement upon what is known as the Tanner patent, which the plaintif is said to own. The motion was brought toa hearing before Judge Benedict on a former occasion upon the plaintif’s bill and movin papers alone, defendant interposing no denial at that time of any of the averments in plaintifs paper. It is now before the Court ditional papers on the part of plaintif, and is opposed by aMdavite of the defence, Plaintiff con- tended that the patent covered anv combination of the brakes of a car with each other and wii@ windlasses by means of @ lever, 60 ‘mat all the brakes can be applied sim \cOuslY {rom either end of the car, and that the ordinary ' fare of street cars, such as {s used by defendants , is there- fore within the sree ot the patent and “. ment. The defendants answe! tht, as stood, the patent is void for it ‘uf novelty. and has never been sustained by any jadetal determina- tion or acquiesced in by the y Judge Benedict has rendere¢ g decision denying the motion. In concluding the Judge sa; to determine I do not find it nece: motion whether or not the const a aeeet contended be tdtined. It is emt for for by plaintiff can ie ihotlon tosay ee ee a comerentios. ra pasnot ae et been maintained in way of ought, upon tits patent to which pla nudt reters All these suite related to eight-whee! ‘oad cars, having two tru systems combined, and at 1d to the windlasses through a vibrating lever. No decided involved which is here fg e evidence rel the qi wheeled truck St one pee ee et ol determinations aM GN patant os bose Eataie ie be consmaed ey Bg gh entirely consistent with mstruc- & Col in accordance with the views of the the defendants in re eye ‘with a con ve deter- gg sind that the defendants do et intrings the patent iasue in this case the as ¢ validity of the patent is heretaey new, and not pa ia ee ty! Ae vention as now claimed dei |, bute re- Ipcet to thin novelty is raised Dy affidavits Introduced to show a prior us in the construction of a car of a combination claimed to be substantially similar to the combination, of the plaintif, ag he now seeks to have if construed. It {s also made ‘clear that while the patent 4s understood by the defendants and as limited to truck cars, has been acqulesced in by the public, there has been no pul acqui ce in thé claim now put forth, but the walldity of the patent so construed has been’ con- 4. I must, therefore, in accordance with well settled rules, and without {ntimating an opinion as tothe proper construction of the patent, an in- Junction until after final hearing, upon the ground that there has been no judicial inquiry into the novelty of the invention now claimed by the plaintiffs, and no pablic recognition of the validity of the patent 'as securing such an invention, but, on the contrary, ats validity is in doubt. Motion denied. SUPREME COURT—CIRCUIT. The Rights of Steamship Passengers. Before Judge Pratt. Eliza Caligan vs. Thomas and Jonn Henderson.— Tho plaintiffon the sth of October engaged and paid for an intermediate passage for herself and family from Londonderry to New York aboard the steamship India, of the Anchor Line, of which de- fendants are agents. When the vessel was about to sailon the 15th from Londonderry, the inter- mediate department was found to be so crowded that the plaintiff and her family could find no room, The defendants say they offered to pay their board at a hotel there for a week until another ves- sel sailed, and the plaintiff insisted as a right upon going in the India and was compelled to take the steerage. She claims that ner family and herself ‘were subjected to great hardship and suffering, and Shareapon pana: suit against the defendants to re- cover damages In the sum of $10,000, The trial was commenced yesterday morning. Case still on, SUPREME COURT—SPECIAL TERM. “Divorce Lawyer” Fisher’s Bondsman. Before Fudge Pratt. Some time since District Attorney Britton gota judgment of $5,000 against Mr. Robert Boyd, one of the bondsmen of the notorious divorce lawyer, ‘Wm, J. Fisher, who cleared out after being admitted to bail. Yesterday morning ex-Judge Troy moved to have the judgment set aside, contending that certain proceedings (an alleged compromise) which had been taken had put an end to the claim. Dis- trict Attorney Britton opposed the motion, which Judge Pratt decided to deny. CITY COURT. Explosion of Kerosene—Suit for Damages. Before Judge McCue. Samuel A. Edwards, a shoemaker, of No. 76 Skill- man street, Brooklyn, E. D., bought a quantity of kerosene oil from a grocer named Fitzgibbon, his nephew. Fitzgibbon had purchased a barrel of the oil from the Oleophene Oil Company, of Greenpoint, who represented it as pure, non-explosive and safe. The barrel was branded 112° F. Edwards took his oll home, filled and lit a lamp, and was turning down the light when the lamp suddenly exploded. Aplece of the glass struck one of his eyes and destroyed the sight completely, He brought suit against the company, Messrs. Isaac Bernheimer, Jacob Goldsmith and Simon Leserman, to recover $5,000 damages, and the case was heard yesterday. They denied that they had committed any act which contributed to the accident, and produced testimony showing that the oil flashed at eighty-five Gee ate Fahrenheit and burned at ninety- four degrees Fahrenheit. This was the result of a test made by Professor Charles H. Chandler, of New York. The defence was that the ofl had been tampered with in the grocery when the plaintiff bought it. Verdict for defendant. COURT OF SESSIONS. A Burglar Sentenced. Before Judge Moore and Associates. Charles Williams, alias Gleason, was tried yester- day for breaking the show window of Thomas Faw- cett’s store, at Myrtie and Portland avenues, and stealing several pairs of shoes. He was convicted of burglary in the third degree and sentenced to the Penitentiary for three years. Edward Hand, a boy, was sent to the House of Refuge for the theft of a watch from his employer. BROOKLYN COURT CALENDAR, Crry_ Count.—Nos. 291, 292, 198, 155, 260, 300, 801, 2, 207, 287, 205,” 308, 4, 251, 138, 136, 147, 148, 171, 103, 308, 309,’ 810. '311, 312, 316, 317. TOMBS POLICE COURT. A Busy Day Among the Criminals—How Mr. Donaldson Played a Nice Confidence Game—Robbed of $167. It was a busy day yesterday in the Tombs Police Court. Judge Hogan was sitting for his associate, Judge Dowling, and took complaints in no fewer than four cases of grand larceny and one of burg- lary. Eugene Keeth keeps a wine and liquor store at 67 Walker street. On going home, about half-past seven o’clock Tuesday evening, he was careful to secure all the doors and windows, as was his usual custom. When he came around yesterday morning he opened the door and went in, and at once dis- covered that all was not right, On making an ex- amination of the premises he found that A PANE OF GLASS HAD BEEN BROKEN and that some person or persons had entered and carried off considerable property and money to the amount of $6. Applying at the Fifth precinct sta- tion house he was informed by Captain Petty that OMicer Hughes, of his precinct, discovered a man named Joseph Carpenter coming out of the win- dow between eleven and twelve o'clock the night previous. The officer arrested Carpenter, and then, on searching the house, found George Conway in- side, with several boxes of cigars in his arms, The two burglars were taken to the Tombs and com- mitted in default of $2,000 bail each. FIGHT COATS AT ONE HAUL. John Clark was going up the Bowery yesterday, and while passing Jachiel Meyers’ clothing store helped himself to eight coats, which were, with others, hanging at the door, and made off. Jachiel gave chase and, quickly coming up with the thief, caught him and turned him over to an officer, Clark could not furnish $1,000 bail, and was conse- quently committed for trial. ROBBED OF $167. Joseph H, Vincent strotied into the Atlantic Gar- den, in the Bowery, Tuesday night, and there made the acquaintance of Ann’ Clark, a damsel of somewhat questionable repute. After a few minutes conversation Ann induced Joseph to accompany herhome, About an hour after they reached the house he missed his money ($167), and, without saying a word to the gut called an officer, who arrested her. Before taking her from thé house she was searched, during the process of which she threw $67 of the money behind a chair, where it was found and handed to its rightiul owner. Judge Hogan committed Ann to await trial in the Court of General Sessions. A CONFIDENCE GAME. On the 5th April last Max Steifter met an indl- vidual who gave his name as James Donaldson. This Donaldson “is a persuasive chap, and he was not lon in making Steifter believe that he could take a watcn the latter was then carrying, and pawn it for more than its real value. He also knew a lady in Thirteenth street who was desirous of purchasin, a pete of earrings, and if Steftter, who was a kind of dealer in cheap jewelry, chose he could sell her a pair. After ‘a little talk it was mutually agreed that the two should go up to the lady’s residence in Thir- teenth street and make a sale. On arriving at the door Donaldson said he would stay outside till Steffter came out, and that he ht examine it and ascertain its value; that in the meantime he (Steffter) had better let him take the wate! This was agreed to, and = the timepiece, having been handed to Donaldson, Steilter rang the bell and nested to see the landlady. He was shown in and invited to seat himsell, which he did. When the lady appeared she very politely but firmly informed the gentle- man that she had no td f buying earrings—she already had more than she had use for. Steffter ‘was not @ little surprised and egal led but nevertheless took his hat and depafted. Imagine his surprise when, on gaining the street, his friend Donaldson was nowhere to be seen. A long search for the rascal waa productive of nothing but disappointment, and Steffter was about giving up ever again seeing either Donaldson 285, 5, or his watch, when, on passing through one of the downtown streets yesterday, he espied the object of his search on the opposite side of the way. An officer was, without much difficulty, induced to ar- rest the confidential gentleman, and, on his boing a ed before Ju He he was commit for stfal ih default of 1.000 ball. — How the Girl Received the News of Her Commutation of Sentence. What She Has to Say About Herself and What She Thinks of Her Prison Life That Is To Be, Van Winkle Bogert Confident and Not Afraid of the Future. Paterson, N. J., June 26, 1872. Paterson, at least that very large and, it must be confeased, respectable portion of it which worked so strenuously to save Libbie Garrabrant from the gal- lows during the past few wecks, was in ecstasies yesterday over the result of their petitioning labors, by which the poor girl was saved from amignomin- ious death. The decision of the Court of Pardons Was not generally known in the town on Tuesday night, although a few persons managed to get “posted” late in the evening, and at once hurried to the home of the Garrabrants to give them the glad tidings. Yesterday morning Mr. Tuttle, Libbie’s counsel, called at the jail, and on meeting Mr. Goodwich, the jailer, and his wife, told them he wanted to see Libbie at once, ashe had some ex- ceedingly IMPORTANT NEWS to communicate. Mr. Goodrich, who had worked night and day to bring every possible influence to bear to induce the Court of Pardons to commute the death sentence impending over the girl to im- prisonment for life, was naturally enough extremely anxious to learn from Mr. Tuttle whether the news was bad or good. The latter refused to tell any- body what he had to say before seeing Libbie, and the three therefore hurried in together to the corri- dor adjoining the tier of cells “reserved” for females, where Libbie was at the time. “Well, Libbie,” said Mr. Tuttle, “I came to tell you something about the way the Court of Pardons has treated your case.” Mrs. Goodrich became deadly pale at this announcement, and even Mr. Goodrich turned about and walked to one of the windows to hide hisemotion. It was a moment of fearful suspense for them, for they have, I learn, become quite fond of the young girl, and the uncertainty of what the Court of Pardons had done filled them with a half fear, half hope no words can fully express. Libbie showed no outward sign of HOPE OR FEAR, and simply replied to Mr. Tuttle's announcement with a smile, as thoughshe had no idea what he was talking about. “The Court,” he finally said, as he took her by the hand, “has commuted your sen- tence to imprisonment for life,” a slight tinge of color swept over the upturned face of the girl as the lawyer uttered the words, and the lips half parted as if to-give utterances to the pent up bless- ings of her heart; but not a sound escaped them, and for a few seconds she sat gazing in a half absent-minded way up _ into the lawyer's face without moving a muscle or giv- ing the slightest sign to indicate how grateful the news was to her. She finally recovered sufficiently to turn towards Mrs. Goodrich, who stood trem- bling like an aspen leaf by her*side, and, taking her py the hand, motioned towards Mr. Tuttle with her head as much as to say, “Tell him how thankful Iam, for I cannot find words to do it.” The fact is, that for the first time ina great while the girl had fully realized the ho she had stood in. Indeed, it is very doubtful if at any time during her trial she has ever had any true con- ception of the terrible fate that’ was in store for her; but strange to say, once the news was broken to her that she was saved from death she ap- | epee to feel fully what a terrible risk she had run, hortly after arriving from New York this morning I called in to see her, and was courteously shown into the jail by the jaller’s wite, Mrs, Goodrich, THE JAIL is a small structure, in a little street, just off Main street, a few blocks from the railroad depot. An attractive grass plot, separated from the street by a neat iron railing, gives the front portion of the building the appearance of a quiet private mansion, instead of that of lock-up, with cells and prisoners, with clanking chains within. ‘That portion of the jail reserved tor the female occupants is reached after one enters the main doorway by a passageway through the jailer’s office, when a heavily bolted and barred door is reached. The jailer’s wife, with the aid of an immense key, made this ponderous door swing as gently back on its hinges as though it were a mere toy, but when it closed behind Us it did so with @ crash that must be suggestively startling to a prisoner the first time she gets put benind the bars. The women's apartment contains about twelve cells, alower and an upper tier. As I en- tered the apartment my attention was attracted to its few inmates and its simple furniture. In the first plac. ‘here was a huge stove in the middle of the room, and, of course, no fire in it; a bench along the wall, opposite the cells; on the bench an elderly woman busily engaged in sewing, andon a low stool near the stove a girl apparently about sixteen years ofage. She, like the elderly woman, was also sewing. She wore her hair combed pack from the forehead, and canght up on either side of the head by a pink ribbon, which was neatly tied at the top, so as to make a small bow. The hair was not very long, but it was sufficiently so to hang considerably down over the girl's shoulders in care- less profusion. She was attired in a long dressing gown of calico, and altogether presented an appear- ance of extreme neatness. She was pale, with rather a good forehead, perhaps made more noticeable by the way the hair was thrown back from it. Her eyes were small, dark and bright, and deep-sunken in the head; the mouth small, and the nose rather broad and pressed down at the middle, as if from some accident, All this I took in ata glance as [ entered the apartment and quictly seated mysclf on the bench near the elderly woman, who bowed politely on seeing me. The young girl was Libbie Garrabrant. Igreeted her as I advanced toward her with, “I dare say you feel MUCH HAPPIER to-day? She simply contented herself with looking up at me rather shyly, and saying ‘‘Yes, sir,” after glanc- ing furtively at the elderly woman, who I found to be one of the prison attendants, and as though she wasn’t sure whether she had given a proper an- swer or not. It did not take me long to see what kind of a person I had to deal with, and I fairly shrunk within myself at the horror of the idea that bet A set “of men, had ever seriously contemplated hanging such a simple creature. In fact her every action aud word betoken the child of tender years rather than the young woman of nineteen as she is, and her smallness of form goes very far to make this delusion complete to the visitor. The longer I conversed with her—and that cannot be said to be long, for she simply contents herself with answering any questions and volunteering no statements—the more I became convinced that she does not even now fully realize the awful fate she has been snatched from. “Do you not,” I asked her after I had entered into conversation with the elderly woman purposely to study Libbie’s countenance in repose the more effectually; “do you not realize that you have been saved from an awful death 7" “Yes, sir,” was the reply, and she smiled pleasantly, as though the subject was not by any means painful to talk about. “Didn't the fact of your being under bag vay of death give you @ great deal of anxiety day aid night?” "Ene eo looked about her for a moment and then inquiringly at Mrs. Goodrich, who sat near me. She either did not care to talk or did not understand | my meaning, so I repeated my question tn as simple a form asI could. However,’ it was received with the same awkward pause as before, and the same inquiring look, but after a while she looked up and exclaimed, with a half laugh, half giggte:— “Yes, I did feel troubled sometimes, but I tried to forget all about it.” “Indeed, she feels happy to-day,”’ here broke in the elderly woman, ‘and it's I that Is glad she is not to be put under the beam out there,” and the woman pedi to the prison yard, which conld be seen om the open window. This cool allusion about Libbie’s being “PUT UNDER THE BEAM’? was sufficient to make a chill creep over one, but Libbie did not seem to think the remark of an, great consequence, and quietly remarked, “Yes, ¥ am,” and smiled Ete thankful for being saved,” 1 re- “You must be marked to her, putting the words plainly, ‘so that she could not mistake my meaning. es, sir,’ she said, brightening up a little, “T am thankful; and I don’t know whom I have to thank more than Mr. and Mrs. Goodrich,” and she ae up at the jailer’s wife with a look of real ction, “What induced youn to leave your home ?” 1 4, finding that she was getting more talkative, don't know,” was the curt reply. “Did your father and motner treat you weli ""’ “There is not @ better father or motner in all Paterson. They advised me well, but I didn't take their advice, T wish now I had, and 1 wouldn't be When did you leave them ?”’ The last time? About s year and a half ago 1 “I don’t know,” was the reply, here,” The dit looked anxiously about het for e ce ut her for @ and then said:—“I don’t know, If I ever. Ca ne lead a good life, I have learned a good deal Ebeval ae 9 ria, and s eg make me And she giggied her meaningless ), a8 the subject of her remarks were very he port, even to herself. im Finding that she had ver little to that even if I di most tans, my questions would, part, be answered but by a meant et lence, | rose and took my leave, the big door closed beiind meI requested ialer’e courteous little wife tolet me have a word VAN WINKLE BOGERT, siegows man who Is to be tried next Sept for the game crime in the commission of wl Libbie Gi was party criminis, if not worse. I found him to ihe miny a boyish-l “Vd rather stay rdoned 7"? young fellow, tall and thin. He sald he was twent years of age, but i not Uttle to had wil , I came to the glibly an le thinks he will peg As I was fe the man on all occasions, quitted when he is put upon his trial. turning to go away I remarked, “We Mey: sitet foe are rather young to be ina pisee Uke thi may be,” he replied, laughing; “but there are younger fellows here than I am,” and he pointed triumphantly at several other prisoners in the room, Twenty-three ene ofage, imprisoned on a charge of murder and laughing at the idea! Bogert cer- tainly has nerve, if not right on his side, HOMICIDE IN SECOND AVENUE, Trial of David Murphy for Shooting David Barry in a Liquor Saloon—Testi= mony in the Case—The Recorder to Charge the Jury This Morning. Yesterday afternoon David Murpny was called to the bar of the General Sessions, before Recorder Hackett, for trial upon an indictment charging him with causing the death of David Barry on the 17th of April by shooting him in the Mead with a pistol. Assistant District Attorney Stewart prosecuted and Mr. William F. Howe appeared for the prisoner, who is @ young man of not very prepossessing ap- pearance. There was not much difficulty in obtain- ing an impartial jury, owing to the fact that the occurrence which resulted in Barry’s death, took place in @ liquor saloon and was similar to those affrays which occur almost nightly in this city. As soon as the jury was sworn a recess of half an hour was taken, after which Assistant District At- torney Stewart opened the case for the prosecu- tion. He said that the evidence would show that the prisoner approached Barry, who was standing at the bar of a drinking saloon kept by Patrick Ryan, in Second avenue, and said something to Barry for offering his brother liquor; a diMculty ensued and some bystanders separated them. Barry left the place and immediately after Murphy followed him, took: deliberate aim with his pistol and shot him dead on the sidewalk. The first witness examined was David Crimmina, who said he was a bricklayer, and knew the prisoner and the deceased; Barry was killed on Wednesday night, April17, in the liquor store kept by Patrick Ryan, at the corner of Sixtieth street and Second avenue; about half-past eleven o’clock he (Crim- mins) and aman named Daly went in there, upon Barry’s invitation, to take a glass ot ale; the pris- oner, his brother and the bar tender were in there; the prisoner was leaning on tho bar, and said to Barry, “You went out to fetch ina crowd;” Orim- mins was talking to the bartender, and, hearing a juarrel, turned round and saw David Marphy and Harry exchanging blows; he caught hold of Murphy and took him around among the barrels. inside of the bar; the prisoner’s lip was bleeding and Barry was also bleeding profusely ; af- ter Barry and another man got outside of the door the h Hesared asked Crimmins to let him go, saying, “I did not mean to do anything; the | aap brother said, ‘For God's sake take the pistol away from him;” I saw the pistol in his left hand; Mur- phy and all of them were excited; afterwards the prisoner seemed to have cooled a little; Barry had gone out of the door; Murphy walked towards the door and opened it, followed by Crimmins; as he opened the door, Crimmins saw Barry standing in front of the door, and directly as Murphy opened the door he lifted his right nand and fired the shot; he did not say anything at the time, but as soon as he fired he walked out of the door; Barry fell, and Crimmins saw him dead in the station house a quarter of an nour afterwards; the next day he saw that the ball hit. the deceased in the left ear. Mr. Howe cross-ex- amined Crimmins rigidly, who said that the de- ceased did not urge nim to go in and “lick”? Mur- Ry, and did not know of a previous fight between urphy and Barry. . James Ryan, the bartender, testified that there had been a quarrel between Barry and Murphy jth vious to the time when Crimmins and two other men entered the barroom; the witness was behind the bar when the second scuftie commenced, in. which all the parties seemed to participate; Crim- mins had separated Murphy, Who sald to him, “It is all right now; afterwards Murphy went towards the door and was standing on the sill when the shot. was fired; the witness did not see the shooting. To Mr. Howe—Murphy said to Barry when he _re- turned, after being beaten by the deceased, “You have fetched in your crowd.” at Blute gave a similar account of the affair. Captain Gunner testified that he saw the de ceased lying dead on the corner of Sixtieth street. and Second avenue, and had the body removed to tothe station house, He said that the prisoner came and delivered himself UD, and, in answer to the counsel, stated that Murphy was not a peace- able man, but had been arrested for disorderly con- duct. e Counsel admitted that the deceased came to his: death by a pistol-shot wound inflicted by the pris- oner, THE CASE FOR THE DEFENCE. Mr. Howe in opening forthe defence, said that ne would show that the prisouer was very badly beaten by the deceased and his “crowd,” and, when going out of the barroom, two men resumed the attack: and, believing himself to be in danger, fired the pistol. This was not like the Stokes’ case, for there was no malice. He claimed a verdict of justifiable homicide; or, if they did not believe the prisoner's version of the affray, the highest verdict they could render would be manslaughter in the third degree. Daniel Murphy, the prisoner, was called, and said that he had been arrested two or three times for being drunk and disorderly; was a car driver by occupation; on the night in question he went into Ryan’s liquor store, and 8 cing his brother drinking. whiskey, he asked, “Why don’t you drink ale or cider?’ Barry, who was at the bar, said, “What business is it of yours? The prisoner and Barry commenced to fight, and afterwards Barry went out and shortly returned with Crim- mins and two others; the deceased renewed the at- tack, assisted by the other men, who crowded him: against the bar; he (Murphy) pulled out his Risto to save himself, not inten to shoot any! 3 Barry fell, and then he (the prisoner) went to the station house and delivered himself up to the Caj tain, In answer to a juror the prisoner said he carried a pistol, because he had to return home by a lonely way at night. John Murphy, the brother of the prisoner. testi- fled to the quarrel in the saloon. He heard but dtd: Not see the shot fired; but in reply to a question ut by the Court, he said that there had been no Renee for two or three minutes before the shoot- n, ir. Howe declined to make any speech, simply ee to the jury that under no circumstances: could they convict the accused of murder. The highest verdict they could possibly render was that of manslaughter in the third degree. Assistant District Attorney Stewart contended that the killing of the deceased was unjustifiable ;, and if they believed the testimony of Orimmi “ ought to render a verdict of guilty of murder. e Recorder will charge the jury this (Thurs. day) morning. HOW EMIGRANTS ARE SWINDLED, In & correspondence recently had between Super. intendent Casserly, of the Bureau of Emigration,. and Dr. J, Rosing, Consul General of the German. empire at this port, Mr. Casserly refers to the impo- sitions practised upon emigrants in the exchange of money, and puts the loss to emigrants at from five to ten per cent in exchange by the risk, in ad- dition to being paid in whole or in part in counter- feit currency of this country. “A similar tramic,’™ the Superintendent charges, “Is also carried on by the pursers and other officers of the Breman and Hamburg vessels during the MA bs to this country.” Mr. Casseriy recommended that the emigrant retain hia money until his arrival ip Oastie Garden, where there are responsible brokers to give him a fall eguivalent, The response of the ‘onsul, in view of the voluminous testimony taken by a committee of the last Legislature on this aub- ia is rather non-committal; but he recommends, nstead of the exchange of their money at Castle Garden, for the emigrants not to convert “their money at all before arriving here,” or by sAvisin; them to convert the same into draite at the we known agencies of the New York German Soolety,, established in all important places in Germany.