The New York Herald Newspaper, July 7, 1872, Page 8

Continuation of Testimony for the Defence. A Coachman’s Story-—-‘He Was Too Quick for Me This Timo.” Another Mysterious Lady in the Case--- Where is She? G11 Evidence on the Race Bet Theory Excluded. @©ounsel for Defence Gets Up a Little Scene. FOURTEENTH DAY OF THE TRIAL Tho probability is that the trial of Ed- ‘Ward 8 Stokes, for the killing of James Fisk, ‘wil be ended this coming week. ‘The fact that the defence nad begun to work at last made two or three hunircd persons, all of the mas- q@etine gender, line the hallways and corridors of ‘the new Court House, a building which has cost 80 ‘manch money. ‘The testimony yesterday was of a most astonish. Img nature. The question is now at this stage of ‘Me trial, “Did Stokes kill Fisk with malice pre- ‘perm, or did he do it in heat and with no thought ef pr paration or intent to murder him?” Every ether consideration 1s lost when this question is asked, The majority of the spectators are puzzied bout the evidence. This case is without parallel in the history of American criminal jurisprudence, ‘The lawyers, who are generally supposed to be fess and without feeling on ordinary occa- gions, are in this trial on their mettle, The day meems very long to those who are not specially in- ‘terested, and Mr. Justice Ingraham is worn out. ‘Wis health is not good, and there is now a possi- ‘Bitity of a vaoition for the eminent magistate. Miss Stokes was in Court yesterday. Stokes wore ‘the same gray coat, and looked ashe has always @ene during the trial, cool but very attentive to ‘every word of evidence. A earriage driver named Moore was the first wit- mens to testify. He saw Fisk getting out of his car- wiage at four o’clock on the memorable day of: the @hooting, and Fisk’s carriage was five or six fect gutside of tne coach which Moore drove. The Bey Redmond came cut, looking wild and peared and crying that Fisk was shot. Redmond ‘went back into the hotel by the main entrance, aad ‘the witness was told by a man that he should not go back to the hotel or be would be shot. The man, he believed, was named Curtis, who has tes- ‘@ifed for the prosecution. Moore went in, how- ever, and reached Fisk, who said to him, “He was foe quick for me this time.” Moore said @e Fisk, “Are you hurt, old = many" ‘and then the wituess helped Fisk up stairs, taking him by the arms. There was evidently a great mamber of persons in the vicinity of Mr. Fisk when Re was shot. Fisk’s coachman, a colored man, walled tne witness to him, and he got up on the wheel of Fiss’s«arriag>. The question was then asked of Moore, amid bieatliss silence, what Fisk's ccahman sail to him, and he replied, the coachm.n talking, “I wonder the 984 man did not pull on him, for he was fixed for him.” Moore also swore that Fisk’s coachman told ‘him that he had carried two pistols for some time Sefore. The witness asked the boy Hart if he fhad seen Redmond, who swears that he was pres- ent at the shooting, and Hart answered that he had mot seen him. ‘The witness saw the man Curtis and the parlor mean Henry in the hotel; Moore pushed Fisk from Behind when he was helping him up stairs. Mr. George Barley, a varnish manu‘actarer, was sworn. He knew Stokes for the last ten years, and ‘was with him at Broadway, corner of Amity Street; he got out of a siage to speak to Stokes ‘who was on the upper corner. He got out and asked Stokes to go down Broadway with him and bay seats for the “Black Crook,” which was being played at Niblo’s. He was about to state what Brokes said to him at the time, which was after four e’clock, when the Dfstrict Attorney objected, There was a good deal of discussion at this time ®ctween the counsel for Stokes and Mr. Garvin, Mr. McKeon wanted to show that the prisoner -#aw a lady in a window of the hotel, and that he said to the witness, “George, there’s a iady 1 know; I met her at Saratoga; come over with me;” and that he puke him by the lappel of his coat to induce him te enter the hotel. Then there was another row between McKeon and Garvin, and the authorities ‘Were quoted in a manner that would friguten any ene buta lawyer. Tremain spoke of th» res geste, Which is badly defined by Webster as ‘exploits,” sand the skirmish lasted for haif an hour. When fe fring ceased, the witness, who had gotten Bis breath, said that he saw a lady at the hotel and that he looked to the window in @onsequence of her remarks of Stokes, @okes pulled the lapel of Parley'’s overcoat to Dring him over, and he walked across the street in the direction of the Grand Central, and walked amid the horses. Mr. Barley testified that he was at the station house shortly after and saw tue boy Redmond, who was very much excited, and who stated to him that he did not know what had hap- pened, and was turning his hat around in a wild mauve A man named John Gibney testified that he was a @uperintendent of carriages at the Astor House ana ‘Was at the Grand Central Hotel on the stn of January; he saw Redmond run ont of the hotel erying out that Fisk was shot; saw Stokes with ‘two or three porters around him; Powers came to him and said, in relation to Stokes, “What business has he got here ?”” ‘she next witness was Mr. John 1, Doty, to whom Btokes sent a despatch on the afternoon of the shooting. He resides at Eatontowu, N. J., and this man’s testimony, if admitted, would probably @lange the state of ailairs for Stokes. But the general evidence given yesterday was @estructive to the theory of the prosecu- tion. ‘There is not now at this stage &@ wingle jota of testimony to show that Stokes ,Meditated murder on the 6th of January. The Prosecution has blondered most feariully, and can mever in this trial retrieve themselves. Their ‘Witnesses have failed on the cross-examination, and ee oe Ml = sig that Stokes killed ns, after all, the ° against the prisoner, iia <7" The head waiter a¢ the Grand Central Hotel, a man named Kotiwell, was the best witness durin ane Coy. His testimony was in regard to the fnd- Ang of the pistol in the ‘parlor. There is something Very strange about this pistol. It is hardly pro Wabie that a man lives who, in the terrible tremor which follows the murder of a human being, could possibly have the coolness to go into a parlor ee in the weapon with which he committed the deed into the interstices of asofa. Rothwell swore positively that the man Crockett was search- mg for 4 pistol, and the witness, with the parlor man Henry, heiped him. It was now one o'clock, ‘and Mr. Tremain rose like a big monntain’ and asked the Judge for an adjournment until Monday. Mr. Tremain said that a number of witnesses who had been summoned were not in court, and he de- = in adjournment for that reason. st of the counsel, and as the court was pone] bee nar be oceurred he tke man. hat t Adramaite episod “4 is great trial is fruitful ot ir. McKeon, who has ap eye like a hawk, saw a man named Jon H. Comer, tno, it seems, heid at one time the position of secretary to the Erie Rail- ‘Way Company, sitting close by the Judge's seat on She steps, of the Judictal bent he 10 use the words jarte, the pugnacious McKeon that heathen Chinee thar and theng) Yet os Mr. McKeon saw this man, who is employed by some person or persons to take the names of w: . esses for the defence, and the litte mun open on the volunteer at once. McKeon—*It is a sean- dal anda oe poy! to any conrt of justice that that fellow shoud sit there taking notes, What does he mn and what ia he dving in that pla What is your name?” thundered wi mn, “Will you give us your name?” The man stated ‘Phat his name was John H. Comer, and that he had Deen connected with the Erie Ratiroad Company. “You are Fisk's agent at any rate, and I want every man iv this court to look at you. I want you to be , ‘ce Ingraham very reluctantly granted | ‘NEW Stand up.” The man stood 4 all the | ey im court took B good 100k at bln, ‘hen the adjourned, YESTERDAY'S PROCEEDINGS. habe olan TESTIMONY OF JOHN MOORE. John Moore, sworn—Reside at 76 Broadway; was driving @ coach to the Grand Central Hotel on the 6th of January; saw Colonel Fisk getting out of bis carriage in front of the Grand Central Hotel about four o'clock; I wa3 standing by the large lamp nearest to the ladies’ entrance, Q. What did you see Cvionel Fisk do? A, After getting out he walked right through the ladies’ en- trance;.my coach was against the curbstone, he- tween Colonel Fisk's carriage and the sidewalk; one of the hotel boys came out of the hotel aud seemed very excited, and said, “COLONEL FISK 18 SHOT;’? the boy was Kedmond; Redmond went to the main entrance and went in and did not come back; I went to the ladi 8’ entrance, and a man who was standing there said, “Do not come in here, you will get shot;” a man named John Gibney was stand- jug behind me; then | hesitated .a few moments aud opened the door and went in; it was very dark, and a ter coming ont of the street you could hardly see anything; I went up stairs alver a minute or 80, and saw Colonel Fisk leaning against the left hand banister as you Wont UR i dd not see a soul there when | arrived; I got him right ander the avins, end Mr. Curfis came cown—I think it was Mr. Curtis—and we got him up stairs; when I got there Colon.) Fisk said, “HE'S TOO QUICK FOR ME THIS TIME;!? all the other Lge op that | saw come to help him wore two, but | think there wae another who came when we were about three stairs up; I think tat was the parlor man, Henry; when we were up stairs I leit and came down to look after my horses. Q. Was that tne last you saw of Colonel Fisk alive? A. 1 came down the ladies’ entrance aud went out into the street, and did not return, and never saw him alive again. Q. When he made that remark to by? did you ask him any question? A, 1 was just in the act of asking him if was hurt, and he said, “He's too quick for me this time;”’ 1 then said, “ARE YOU HURTED, OLD MAN ??? but he did not ed ; that was the only exclamation I heard him make in going up stairs, Q. You came down the private entrance into the street? A. Yes; and was walking down towards my coach when I was beckoned by Fisk’s coach- man, a colored man named Houseman ; I went over and got up on his wheel, and while on the step he asked me if the old man was hurted, WAS FISK ARMED ? Q. Did this coachman say then to you, “I wonder that the old man did not pul on him, because I know ee was fixed?” A, Yes, sir; he made that remark. Q. Did he further state that he himseif had car- ried two pistoia for some time? A. Yes, sir. Q. Do you remember aiter that conversation with the coachman having any conveisation with Red- mond? A. Yes, sir; about half-past eight or nine o'clock Tasked him where Hat was at the time of the occurrence, The District Attorney—I object. The Court—If you wish to hear that testimon: yon must lay toe foundation tor it by asking Re mond if he said that. Mr. Townsend—It is only a matter of saving time, your Honor, I shall now ask permission to recall Redmond, ‘the Court—You must frst get through with this witness. It is altogetuer irregular to thas be con- stantly reealing witnesses, Q. Lid you hear anything of the shooting? A. I heard a dull sound; I cannot sey exactly if it was a@sof, and thon, jast as the boy opened the door, 4 heard @ second shot distinctly. CROSS EXAMINED, Q. Did you know Fisk before this? A. Only by driving hin in @ coach, Q. Did you kilow the prisoner? A. Only i Pas dy | eal reputation; 1 drove hum once from Nibio’s jurden, Q. Did you see the prisoner at all that day? A. I saw him’ come out on the sidewalk in charge of a policeman, He came out either of the main or ladies’ entrance, Q. Did you know Redmond and Hart before this? A. Yes, sir; [had been driving there about two ears. y Q. You say you heard the two shots; how near were they together?’ A, About a second or a second end a half apart; they succeeded each other very quickly; I only distinctly heard the first shot. Q. When you went in on which side of the stair- case was Colonel Fisk leaning? A. The banister on the left hand side; the Colonel had on a cloak aud a high hat; I did not notice whether he had gloves on or not. Q. Did you notice how he wore his cloak when he went in—thrown over his shoulder or hauging down?’ A. Hanging down. The Court—Do you mean to say that you saw No one about the ‘head o! the stairs aiter vou had got Colonel Fisk up stairs except the two men who Legis you in conducting him? A. I saw no one else, sir. G. W. BAILEY’S TESTIMONY. George W. Bailey, sworn—Am a manufacturer of varnishes; have known Mr. Stokes since 1862; re- colleet being in Broadway on the 6th January last at the time of the homicide; avout four o'clock of that afternoon I saw him at the upper corner of Amity street—1 mean Great Jones street; it was the east side of Broadway. Q. What cccurred ? A. Isaw him at the corner and he said— The District Attorney—Never mind what he said. Q. Where were you when yousaw him? A. I was in a stage, and got out and spoke to him; we walked aong broadway, coming south, TEN MINUTES BKFOKE THE MURDER. Q. On the east side of Broadway? A. Yes, sir; we walked almost as far as Fond street; that is, Just opposite to the Grand Central Hotel; we were going to get tickets for the “ Black Cook ;” when ‘we were past tie entrance to the Grand Central Hotel, he said— The District Attorney—I object to what he said being stated by the witness, ANOTHER TALK. Mr. McKeon said he proposed to show that Stokes saw a lady at the window ofthe hotel, whom he had at Saratoga, and that he said to wit- ness that he would go over to the hotel and speak to her. He thought, therefore, that as tie declara- tion was part ofa matter which had beeu connected with the res gesta it sloutd be admitted, And if it was within the di ion of the Court to admit this testimony he hoped His Honor would incline to the side of mercy. The District Attorney argued that it was not within tne discretion of the Court to admit irreic- vant testimony. The Court said the declaration now about to be repeated by the witness was made immediately prior to eutering the hotel, and might, perhaps, therefore be looked upon as a part of the res gesta, Mr. Tremain asked if there could be any doubt of it, and argued the matter at considerable length, The Court—As this decia ation was made just be- fore entering the hotel, a.d may therefore (0 of the transaction, I think it mizht be admitted. [ wish, however, to consider the question thoroughly, and ‘will theré.o.e Jet the question lay over until Monday moruing. Th» defence can, of course, omittiug tis question, flaish the testimony of the witness, “THAT LADY.” Q Did you at that ume s by lady in the ho tel? A. 1a, sir; in conse juencs of what Stokes said I looked at the lady ; Stokes raised his hat. Q Did he do auytuing with your dress? A. He got hold of the lappel of my overcoat aud tried to pull me over to the hotel; he went in the direction of the hotel; L returned then up Broadway to about as far as the New York Hotel. Q. Whom did you meet there? A. Mr. Horace Stokes, brother of the prisoner; we walked down. to the Grand Central Hotel, and having heard of the shooting, asked at the office if Mr. Stokes was in the budding; the clerk said “No; ‘Wwe then leit the hotel aud went to the st.ton house, but could not sce Stokes and returned to the hotel, IN THE STATION HOUSE. Q. Where did you go when you ieft the station | house’ A. To make tnquirles about the shooting, how it ocew red, &c. ; then came back to the station | house; while I was sitting im there tue boy Red- mond Was brought in and sat next to me; he was very, very much agitited, so much 80 that I tried to soothe him, and told him that no one would hurt him; he tola une tant he had been brought there as a Witness of the shooting in this case, but that he was so exc.ted that he hardly knew how it hap- pened. JOHN GIBNEY, ANOTHER COACHMAN, ON THR STAND, Joun Gibney sworu—Reside at 209 Elm street; am superintendent of carriages at the Astor House; on the 6th of Jauuary last | was driving @ carriage to the Grand Central Hotel. Q. Did you see Fisk on the afternoon of that day? A. Yes, sir; about four o’clock; his carringe drove up behind mine; there was a carriage between his and the sdewalk, and he had to get out in the | street; Moore and myself were standing near the | ladies’ entrance; about a minute aiter Fisk had | gone in Redmond came out and said, “Colonel Fisk | bshgh al I don’t know where Redmond went af- | ter that, SCARED LOOKING AND NERVOUS. His appe:rance was scared looking, white and nervous like; | started with Moore to the ladies’ entrance; there was @ man there who said, “won't go in or you will get shot; Moore went in, but I | cume to the main entrance and entered the hotel that Way; Lstood iu the main hallway in front of the oilice for a few minutes; I saw Stokes with some porters around; Mr, Powers asked Stokes what he was doing in the hotel; Stokes said he | Wanted to see somedouy, whose naine he mentioned, barn he ha’ Kent gotten it, . When did you next see Moor him | oursids talking: ¥ Hts Coachman, ny Jrovs-examined—You say you stood with Moore on the sidewalk; did you see the ladies entrance? A. No, sir,” Pruner go in the @ Did you hear any shots? A. No, sir. CASE. 5 at Eato N. a i 1 have Known the prisoner about eyenne de dis » Did you know anything about this aisputed bet? grid wea os toes ie District Attorney—I object, The Court—1 have already excluded everything in regard to this race, The defence then asked a series of questions in regard to the RACE AND THE BET, all of which were ruled out, the rulings being, of course, excepted to. TRSTIMONY OF CASSIUS I, RER Cassius H. Reed sworn—Q. Do you know the pris- } Oper? A, Yes, sir, and have for three or sour “YORK HERALD, tes a Sp \ - al the Honse; have heen part Droprictor for the past seven yeais; he was @ boarder at the Hoffman House since ast summer, when his iamily went to Europe. Q. fegular boarder on the 6th of Janu- Was he a ? Yes, sir. . Has the prisoner ever and at what time ex- cag i to you bis apprehensions of danger from Ns ’ The District Airerper 4 object. vs The Court sustained the objection, and the de- fence of course noted an exception. Q. Has he #1 you his fears that be would be murdered in the same that an attempt was made to murder Eaton? Quest.on exciuded, Q. Has he stated to you that he had been followed Eee. Who he had no doubt had been employed by Fisk and he was d he would be killed by them? Question excluded. Q, Has be told you that if he was killed he wanted you to Know thet Fisk would be the author of his Killing? (Question excluded, ‘TESTIMONY OF DAVID SMITH. David Smith sworn—Am a speculator in railroad stocks und securities; Imet Stokes at Chamberlin & Dodge’s, In Broadway, a few minutes beiore 1our. On the aiturnoon of tiie oth of January; 1 was sittin; in the birroom; | saw Stokes come in, and he shoo hands, and we had & conversation that lasted about five minutes, ti Did he say anything about a race ? ‘he Court—f have already excluded everything about the race. ‘the defence objected to His Tonor’s ruling. Q Did he leave before you did? A, I don't re- member ; | lett about the same time; I have my din- ner at jour o'clock. TESTIMONY OF PETER J. ROTHWELL—THE SEARCH FOR THE isTuL. Peter J, Rothwell sworn--Am head porter at the Grand Central Hotel; was so ehgazea on the uti ee y last and remember the kiling of James ink, JT. Q. Did you examine the parlors upstairs at that time? A. Yes, sir; Mr. Crockett told me to look aud try and find a pistol; Llooked at all the go.as; 1 discovered no pistol. . Did you exumine the sofa at the left as yon enter from the hall? A. Yes, sir; the back and seat cone quite close together; you can get your hand between witli a liftic pressure. Q. Could a plato) tive or six inches long be put in there without pressure? A, No, sir; I don’t see how it could be. Q. How long after the shooting was it that you made the search for tne pistol? A. Aout fifteen minutes; there were several other persons search- ing at the same time; 1 saw Henry, the parlor man, wiilie so engaged, and he asked me what 1 was doin; Q. How far is the sofa I have referred to from the door? A. About four or five feet, Q. Could a pereon. throw a pistol from the door in between the back and seat ot the sofa, standing at the door? A. No, sir, I do not think so. ‘the defence then called several other witnesses, but as they were not forthcoming they asked His Honor to adjourn until Monday. ‘The Court said that he was very unwilling to” waste the time of the jurors and delay the case, but he would do so this time, warning the counsel that op must be prepared with their witnesses on mday. Mr. ieKeon then asked that attachments should be granted against tue witnesses wuo had failed to appear. The motion was granted, and the Court adjourned until Monday morumg at halt past ten o'clock, ‘As the ciowd began to clear out M:. McKeon, counsel for the prisoner, got up a little scene. Mr. McKeon—Wiil that man who is taking the name of the witnesses there give his name ¢ ‘the gentleman who wars s-ated on the steps of the Judge’s bench answered, ‘Yes sir, certainly. My name is Mr, Comer.” r. McKeon—Oh, that is Mr. Comer. connected with the Erie Railway? Mr. Comer—No, sir. Mr. McKeon—1ou were connected with it? Mr. Comer—Yes, sir. Mr. McKeou—tisk’s agent at any rate. I want Mr. Comer to be seen, Mr. comer—That 8 why I keep this seat. Tie crowd then poured out very rapidly, and the You are Toom was cleared in @ jew moments. THE COURTS. Interesting Proceedings in the New York and Brooklyn Courts. SUPREME CCURT—CHAMBERS. Decisions. By Judge Jones. The Union Dime Savings Institution of the Oity of New York vs. Dora Andrews et al.—Motion to direct the Chamberiain of the city and courts of New York to pay to the Surrogate surplus Lk de arising ona sale in an action for iorclosure denied. Albert G. Havens ct al. vs. James N. Hull,—Mo- tion for appointment of receiver, &c., granted. In the Matter of William Knapp, habituai drank- ard.—Motion for @ co.ninission, &c., granted, James C. Voorhis vs. P. Santord Ross et al.—Or- dered that defendant, Ross, have leave to answer in twenty days on payment of $10 costs of opposing motion,and on condition that he consent that tue ac- tionbe referred for trial if the plaintiff wishes it, the judgment and levy to stand as security. e Mutual Life Insurance Company of New York vs. John Perkins et al.—Motion of petitioner, J. Au- gustus Page, denied, with $10 costs of opposing motion, to be paid by him to Pen bs attorneya, John A. Foster vs, John B. Newbrough et al.—Mo- tion Jor jadgmoent on the ground of the frivolousness of tae demurrer to the compiaint granted, By Judge Brady. Price vs. Price.—Order settled. Douglas vs. Douglis.—Same, BROOKLYN COURTS. SUPREME COUST—SPECIAL TERM. The Dead Animal Nuisance—The Court Breaking Up Clark’s Rendering Fac- tory—An Important Decision, Beiore Judge Glibert. In the Matter of Thomas ©. Smith vs. Edward C. Clark.—The defendant is the city contractor for romoving dead animals beyond the city limits, This was au application for an injunction to restrain him from continuing his business of boiling down and rendering the dead animals, which he carries on in the Seventeenth ward, on Newtown Creek. This is within the city limita. A temporary injunc- tion was granted by Judge Gilbert, who also granted an order requiring the detendact to show cause why it should not be continued, The case was fully argue|, and yesterday Judge Gilbert rendered a dec.sion declaring the place a nuisanee, and directing the deiendant to break up his business and remove elsewhere. In the cours ot his decision the Jud re says:—“On te return day of the order to show caus? it came befo.e Justice Tappen, and he made an order erring the mat- ter toa reieree to take testimony. Upon that tes- timouy, Which i8 Very volumimous, twenty-five witnesses belag examived on the part of the pliin- tit, and nine on tie p rt of the de.endant, the facts leave no doubt in my mind tnat this is not only a Nuisance, but one o: the most orfensive and noxious character, producing @ most nauseous ster ch, preju- dicial to tue public healta, which is disseminated throughout an area with a radius of from thre.-quarters of # mile to a mile and a hal. The law 1s too clear to admit oj any ques- tion, or required to be sustained vy any citation of authorities. Inasmuch as the nuisance is A PUBLIC NUISANOB & continuance of it can be restrained at the suit oi any individual Wio suffers private or personal injury from it, and it can also be indicted asa public nuisance, and the party maintaining itis liable In damages to any person sustalmng injury in his healta, comtort, business, or in any ovher way. In all respects itis an evil for which courts of equity from time immemorial have afforded a remedy by means of ao Injunction. It is said it is hecessary that these animals, dying in the streets, should be promptly removed, and that if this place is not allowed to be continued a greater evil will exist in allowing them to remain in the streets, and hence that public necessity requiies that no im- pediment should be interposed in the way of any metnod he may adopt in executing his contract in rejmoving these dead antuals, Judge Gilbert continued—Now, the answer to thas is, in the first place, that we have no right to e © & pubile Duisance Or to allow it because it is necessary in order to abate a nu.s.nce elsewhere, In the second place, there 1s abundant power vested by law in the public authorities of the c.ty to cause these animals to be removed without causing this public ni hice or allowing any nuisance within the city limits. The powers of the Common Council and the Board of Health arc ample, They have power, in the first place, to pass general regula- tions for the removal oi these dead animals; in the second place, to req..ire the owners oi the animas sm With twenty-four hours, under A VERY SEVRRE PENALTY ; and in the th rd place they can cailion the police, in case the owner omits to remove them, and cause them to be removed at once at their expense, or they may appoint their own agents and otcers to do it, and the pu ‘e able tor the expense, The powers of the Boara of Health are plena:y and am- ple, and there is no necessity whatever jor allow. jog & rendering establishment as an auxiliary to the business of removing dead animais from the streets, ‘The Judge says further that in this case the Com- mon Couucil made @ contract with the defendant whereby he was reqniied to remove these dead animals beyond +he any limit That contract might be enforced, and if he were unabie to per- form it, or willuily refused to do so, it would be the duty of the Board of Health to take proper meas- ures 10 i PROTECT THE PUBLIC against any Duisance whatever arising from allow: ing these dead animals to remain the abres ta, and it would be @ proper eleme nt of damages 1 an 1 against the contractor jot a breach of con- Jerent portions of tue community as to whether @ Nuisance shall be abated in one portion of the com- munity where it wil) nevessariiy are in apotuer SUNDAY, JULY 7, 18722TRIPLE . The law ts clear in euch a case, hough no such case can ar in this city, for there is ample power in its authorities to prevent the exist nce of any nuisance. The law on as laid down in @ ve.y recent case. that in the case of an individual claim- ing private rights, and seeking to have those riguts protected, the question s'mply is, Whether he has those nee anil not whether @ large population wi be inconvenienced by meusures taken for their protection. ‘That is & sound rule of law. It follows from these remarks that it Is my duty (and J have no alterna- t.ve bat to perform my duty) to continue this in- Trp ut inasmuch as this business seems to have been ESTABLISHED SOMEWHAT UNDER THE AUSPICES OF THE CITY AUTHORITIES, it seems proper to allow the defendant a reason- able tiine to abate the ni ce and break up his business and remove it elsewhere, I will therefore make an order that the injunction be continued, with directions that the defendant have ten days in which to break up this establishment, with. lib- Brie ve apply sor turther time if there is a necessity for Contractor Clark Again—Dead Animals Lying on a Wallabout Pier for Days= The Neighbors Aroused. Before Judge Neilon, William H. Rushmore et al. vs, Edward Clark.— The charge in this case was that Contractor Clark, for want of means or facilities, allowed dead and putrescent animals to lie on pier 2 Wallabout for several days before removing them. The plaintiffs, who are engaged in business in the vicinity, of cous? objected, and obtained a temporary tnjunc* tion. The cause came up yesterday on the order to show cause why the injunction shouid not be con- tinued, Counsel alluded to certain remarks con- cerning the nuisance which were published in some of the newspapers, and declared the censures upon the judiciary to be un- founded, The object of this injunction had been misapprehended, It was not to restrain the de- Jendant irom removing the animals from the city, but rather to fucilitate such removal by quickenin, the movements of the contractor, and compel him to fulfil his contract in such a manner as to be offensive to no one, Judge Neilson issued an order continuing the in- Junction in fovce until the further order of the Court herein, But nothing in said injunction contained shall be construed to prevent the defendant from conveying animals to said dock aud forthwith Dlecing. then upon vessels and conveying them away 7m tne city daily, so that no animal remain more than one day upon sald dock. An Alleged Breach of Promise—Five Thousand Doll: Damages Claimed. Miss Barbara Rothschild, a pretty young German woman of the Eastern District, has instituted an action against Frederick Lederen, also a native of “Fatherland,” for alleged breach pf promise of mare riage. She claims damages in the sum of $5,000, The two became acquainted with each o*her in the Eastern District, and Miss Barbara says that on the 20th of May last Frederick proposed to her and was accepted, Subsequentiy he came to her uncle's house, where @he was stopping, and remained there until the 27th of June last, when he left the house, promising to retern, But Frederick came not, and Barbara felt that she had been deceived, Hence this suit. Yesterday she applied to Judge Nellson, by coun- sel, for au order of arrest, basing the application upon aiiidavits. The Judge granted the oder, whioh was thereupon delivered to the Sheriff! to execute, A Father Mathew Socicty in Court. Before Judge Neilson, Patrick Commisky vs. The Father Mathew T. A. B. Society, of Greenpoint et al.—The plaintiff got Judgment against the society in April, 1872, for $118, for sick dues, and after that the organization was abandoned and a new society formed. This was the St. Anthony T. A. B. Society. The defendants, as plaintiff claims, sold their piano for $5 in cash & note of $245 to the St. Anthony Society, Plaintitf now applies for an injunction to prevent the latter from pong or the piano or the note, Judge Neilson reserved his ‘decision, THE SOUTHSIDE RAILROAD DISASTER, Death of Mrs. Nelson Row. Mrs, Nelson Row. who was injured by the collision on the Southside Railroad, Long Island, on the evening Of the 4th instant, died at the residence of Mr. T. W. Cornell, 58 Devoe street, Williamsburg, at five o'clock yesterday morning, after enduring excruciating agony. She was conscious up to within a few moments of her death, and received her husband's parting kiss at the moment her spirit took its fight. Her body was placed beside tuat of her son, Franklin W. Row, who died from injuries sustained by the same collision twenty- two hours previousiy. Their obsequies will be celebrated in the First Presbyterian church, Soath Fourth and Sixth streets, at four o’clock this afternoon. Manuel Lodge, 636, F. and A. M., and the Eureka Division, S. of T., will attend the funeral. Coroner Whitehill yesterday empanclied a jury, and will comimence an inquest at iour o’clock on Wednesday afternoon » at the Coroner's oifice, in the County Court Hi The foilowing named prominent citizens have been selected as jurors :— W. W. Armfleié, No. 106 South Ninth street. Andrew Cunningham, No. 95 Devoe street. Marvin Cross, No. 41 Bedford avenue. Andrew B, Hodges, No. 10 Bediord avenue. Sonn Blake, No. 483 Grand street. Joseph ©, Cabbie, No, 170 Ainslie street. Henry Beales, No, 366 Graham avenue, Charies Coo) M.D., South Ninth street, Albert M, Kaibacisch, No. 13 Orient avenue, Charles Kennedy, No. 208 Lorimer street. Thomas F, Kowland, No. 85 Calyer street. Oharles B. Morton, No, 283 South Fifth street, Condition of the Wiiliamson Family. Mr. Darius Williamson, of No. 77 South First srce, had his right foot amputated yesterday, His daughter's right foot was also amputated, The coud tion of the suflerers Was considered favorable lust might by De. Colt, “ADMIRAL” JOHNNY O'KEEFE, Yesterday afternoon the little newsboy, Master O’Keeie, of Grammar School No. 29, received the following letter assuring him of his ‘ormal nomina- tion by Congressman William R, Roberts, in con- formity with the recommexdation of the Citizens’ Committee, before whom he recently passed a suc- cessful competitive examination, in the hall of the Board of Education :— Navy Derarraxnr, July 6, 1872, Sim—You are authorized to report to (he Superintend- ent of the Navai Academy at Annapolis, Md., between the wth inl s0th of september next, for examination as pas-ing the examination; ee until you have joined x expenses will be ullowed only Succorfully puss the exauitiaiion and receive an appoint, meni, dius permit wil be porang, and lorin wie Dep. pent Yourse over Your oWn syuacure, to your exact aye, staihng day of the inonth wud year oF your virtn. | Kespecuully, 1A) 3. W VASE, Assistant Secretary of the Navy. yz, Jony O'Keere, Futh Congressional district, New ‘ork, contributions for the lad, generally of small sama, but aggregating a cousideravle amo: daily reccived vy Justice Shandley a Ciud House, 235 Last Broadway. Colonel Roberts sent $25. The excitement wich this afar hag created in the schoois of the Filth Congressional district will undoubtedly be augmented when it is kuown that tis Colonel has wuthovized Marshal ‘Looker to arrange lor agother contest among the boys for an appuintment as student in the Medical Colege of Lowsviile, Ky., and will next tall prob- ab y piace his West Pomt cadetsnip in the Held for competition. id after the time specified for re- ly upon receiving it will ether itis your inténtion to ation. ou will also ce STREET CLEANING, The Superintendent of the Street Cleaning Bu- reau sent the following record of the work done by the depariment to the Commissionets of Police yesterday :— Four hundred and eighty-seven miles of the paved sui face oi the city were cleaned, Tne sweepers made 8,740} days at the work, While labor cost $0,661 Tue dirt carts made 1,215 days in taking away the Tefase, and the amount paid them was $4,860. The ash carts made’l,0u7 4 days in doing tne work of the week, and were patd $4,080 for the work. Total expense for the cleaning of the city during the past week, $15,461 62, Ten thousand Jour hundred and eighty-five cubic yards of dirt and sweepings were removed from the city and 8,186 cubic yards of ashes and garbage. ‘Total—1s,671 cubic yaids removed from the city during the week. id NEWARK’S “BLOODY EXCURSION." While it is a matter of sincere congratulation to the citizens of remarkably peaceful Newark that the report telegraphed from Yonkers by Captain Mangin, of the Metropolitan Police, intimating that “murder most foul” had been perpetrated on board the Newark steamer “Norwalk,” was not entiel, true, it is also * rat ter of regret that the report was not tirely groundless, A more disgraceful ex- cursiun has scarcely ever taken place from that city. Black eyes, bloody noses, bundaged heads, clothing torn to taiters and drunken rioting were its main features, It is claimed for the Emmet Guard that the only part they had in the disgraeeinl scenes the day was in trying to preserve order and keep the rioters down, ‘The paitica who caused all the twouble were @ crowd of rougiis who slipped on board just as the steamer about to leave the dock in the morni Ata stopping place up the Hudson about three hundred of the excursionists Jelt the bout s9 as Lo excape the terrors of the trip, DEATH OF JUDGD ITCUNN. His Impeachment a Blow That He Could Not Survive-—Partieulars of His [lness--- Nervous Prostration Assigned as the Cause, “My Son, They Have Broken My Heart; But It is Not a Bad Heart After All.” John H. McCunn, ex-Judge of the Superior Court, died at his residence, 203 West Twenty-first street, at fifteen minutes alter four o'clock yester- day morning, of nervous prostration, after being confined to lis bed for three days. His physicians attribute his death to the excitement attending bis impeachment trial by the Senate, which was con. cluded op Tuesday, and resultea in his impeach- ment and removal from the bench. On Monday last he was engaged for some hours in Brooklyn and down town in New York, arranging some of his business affairs, and was exposed to the heat, that rendered him slightly indisposed. The same evening he left for Albany, to be present at the close of the Senatorial proceedings. He returned to the city on Wednesday morning, accompanied by his brother-in-law, Mr. Morgan, and was at once prostrated by the shock to his nervous system produced by the action of the Senate. During the early part of the day he complained of pneumonia and remained in his bed until late in the aiterneon, when some friends called to sympathize with him in his misfortunes, and he arose and received them in his library. Among those who met him on that evening was a reporter of the HkRaLp, with whom he conversed for half an hour on the subject of his trial. At that time he conversed with difficulty, and at stages in the interview became so exhausted that he was compelled to stop and lean back in his chair until he became more com- posed. It was apparent from his conversation that he keenly felt the disgrace attaching to his im- peachment, but rallying suddenly, he exclaimed, “If I were a poor, weak man, I would sink under this action of the Senate. On the contrary, I will ghow the community, ere long, that I can riso above it; that this is simply an ordeal through which I have had to pass to make me brighter and better; and mark me, sir, I will come out of it as the pebble quits the ocean, brighter and more polished from the friction of ‘the angry waves that threaten to engulf me.” He spoke resolutely of his determination to carry the case to the Court of Appeals; but ever and anon he betrayed emotions of despondency. On bidding him goodby he requested the reporter to call again on Friday night, when he hoped to be convalescent and able to speak more freely on the subject of his impeachment. Later on Wednesday evening, against the advice of Dr. Warner, the family physician, he got up to receive some friends, and remained in his library about an hour. The exertion consequent upon this increased his illness, and so bad was he that his brother-in-law, Dr. Gano, and his wife, had to remain in attendance by him through the entire night. On Thursday morning he railed slightly, but as the day passed and the heat e 80 oppressive, he grew worse, and his nervousness visibly increased, and slight delirium was manifested at intervals. Dr. Warner was in constant attchdance during the day, and treated him for nervous progstration; but Mr. McCunn continued to grow worse until the storm blew over the city and cooled the atinosphere, when he rallied sufficiently to sit up and peruse the morning papers, Later he grew worse, and during the entire night was delirious and feverish at times. Ysa were administered with a view of putting him to sleep, but they proved ineffectual, and he continued to sink under the weight of his troubles; but all appearances of pneumonia disappeared on Friday morning. ie seemed now, for the first time, to realize the act that he could not live, and so informed his wife, About nine o’clock A. M. he requested the family to summon his pastor, the Rev. Father Quinn, of St. Peter’s church, in Barclay strect. The pastor was not in the city, and as the disorder in- creased during the day on Friday evening the Rev. Father O'Farrell was called in, and after confessing the dying man administered the sacrament of the Churel The Judge's symptoms were of so alarming & character that Dr. Warner called in Dr. Austin Flint, Sr., in consultation about cleven o’clock, and they decided to continue Dr. Warner's treatment, and freely administered opiates with a view of pro- ducing sieep and rest 80 necessary to his recovery, Powerful as were the potions they iailed of the effect intended, and, as tie night advanced, he be- came weaker and subject to brief spells of delirium, He was surrounded by his wife, relatives, physician and @ few intimate friends, with whom he occa- sionally conversed, with diihculty. About four o’clock he piaced his hand over his heart, and, look- is brother-in-law, Dr. Gano, remarked in a oy they havg broken my hea:t; but it is not a bad heart, after all.” These were the last words of the deposed Judge, A minute or two later he fell asicep—the first time since the vote of the Senate was recorded. His physicians and _ relatives now hoped that sleep might continue, and that he would Tally; but ten minutes later—at fifteen minutes past four A. M.—tiree of the physicians discovered that respiration had ceased and that the broken heart had ceased to beat. The Judge was dead, and had eS toa higher court than the Court of Appeals have his acta passed upon. His death was a surprise to the little cirge that watched by him as he slumbered into deat The funeral of the deceased poses will take place on Monday, ai ten o’clock A.M. The remams will be conveyed to St. Peter’s church, in Barclay street, “where Rev. Father Quinn will celebrate a solemn Tequiem masse for the repose of the Judge's soul, After the services the corpse will be conveyed to Calvary Cemetery ior interment, All the prelimi- naries were arranged yesterday, including the se- lection of the following pall-beare: Chief Justic? Barbour, Judge Friedman, Judge Gunning 8. Bed- Judge W. E. Curtis, tord, Ex-Judge F, J, Fithian, Charles O’Conor, Ex-Judge Selden, Ben. Wood, Senator Jaines O’Brien. John E, Develin, Joun H, McCunn. The deceased leaves a wife, but no family. He was bow in 18%, in Coleraine, Ireland, and came to this city when fourteen ar of age. Having received @ fair education in Ireland, soon after his arrival in New York he entered the law office of Charles O'Conor, Tose through all the grades, and when twenty-six years of age Was adiuitted to the bar, He subse- juently entered into a law acing with James loncrief, who subsequently became a judge of the Superior Court. In 1860 he was elected City Judge, having built up a good law practice and par- ticipated more or less in local politics. While judge he entered the three montis service in April, 1861, as captain in the sixty-ninth New York Volunteers, but resigned a few months later to organize the Thirty-seventh regiment, He enlisted 1,00) men armed and equipped them at his own expense and proceeded to the Army o the Potomac as its colonel, Owing to a dificuity with Lieutenant Hunter, of the Washington Provost Guard, he was court-mar- tlalled and reprimanded by General McClellan, but allowed to retain his sword. Colonel McCunn always insisted that he was not to blame in the diMculty with Hunter, and he soon after resigned. Subsequently, in September, 1861, he was expelied from Washington on the pica that he had too much influence with the Irish troops. Returaing to this oy he resumed his duties as City Judye, and in 1 was elected a Judge of the Superior Court. He was re-elected in 1870, and filied the position until deposed by the Senate on Tuesday Jast. During his residence in this city he speculated largely in real estate, and by his ventures accumuiated a large property that, It is said, yielded an income of nearly one hundred thousand dollars per year, Two years he visit- ed his home in Ireland, where his mother still re- sides, and it was his intention, had he not been impeached, to have made another visit to the Emerald Isle this summer, He was the owner of one of the largest private libraries in this city, and the author of @ Work on the subject of the taxation of ecclesiastical property, FATHER BURKE'S LECTURE OFF. On account of the illness of the great Dominican preacher, Father Tom Burke, the lecture advertised to come off at the Cooper Institute on Monday, the 8th instant, will not take place. The reverend gen- tleman’s health has been so taxed by hie previous heavy labors and by prostration resuiting from the excessive heat, that uix medical advisers insist upon t complete absteation irom work during the hot erm. THE IRISH BRIGADE OFFICERS’ CLUB. The gentiemen composing this famous club assemble yearly to bind anew the tles that bound them in the tented field, and repeat, under peace- ful and pleasant auspices, the merrymaking for which the Irish Brigade was celebrated in the Army of the Potomac, ‘they picnic for their own pleasure and that of their numerous friends. On Thursday next, at Dudiey’s Grove, they will duly honor the Stars and Stripes and the green fag without the crown to many @ merry measure. A numver of distinguished oMcers of the Army of the Potomac have siguisied their intention to accept the invita- ton of te ciude | high in the nineties, anl.s» porsistently dia the Sunstrokes Yesterday, Twenty- two; Deaths, Eleven. EIGHTY-NINE IN THE SHADE. —— The weather prospect is decidedly improving, yesterday being a day of comparative ease, when it is remembered what a surfett of heat we have had recently. Jor many days past tue mercury in the thermometer stood, at difvrent hours each day, heat continue that there was scarcely any difference in the temperature from day to day until Thursday evening last. Yesterday, however, the highest point reached was 89 degrees, at half-past three o'clock P.M., while at noon it was down to 8% degrees. ‘The increase in the mortality of the city since the heated term set in gives striking proof of the peo- ple’s recklessness in reghrd to life. The record of vital statistics for the last two weeks seems more like the announcement of the resuits of some dread epidemic than of a two weeks’ mortality while the ity was fearless of contagious dissase. ‘The vic- tims to the heat day alter day increased tn num- bers to go great an extent that, did not the temper- ature become colde*, the probability ia, constderiny the utter want of precaution by the people, that the list of the dead would on be appalling. Not only did the heat do its deadly woik upon those stricken ont of doors by tue sun, but it also has- tened the end of very many persons sick from other diseases, who were unable to withstand the con- tinued exhaustion. For the week ending June 29 there were 768 deaths, whils for the woek ending July 6 the number of deaths was 1,560, this being an increase of 801 over the previous week, The mortality lasi week, therefore, exceeded that 6f 1868 and of 1870, the deaths for’ the week ending July 18, 1868, being 1,142, and for the week ending July 23, 1870, 1,048, the largest numbers for many previous years. Though there were several cases of sunstroke yes- terday and some deaths, ier the temperature was such as to induce the belief that there will be no more fatal cases. Out of doors the weather was not. very disagreeable, and there was for the greater 7 of the day a i deal of breeze in the streets; nt it must be said, at the same time, that the at- mosphere was thick and heavy, and that the er ‘was exhausting, It is, however, a pleasant an pation that now, the heated term being over, the worst {8 over, and that we shall have endurable Weather for some tim» to come, Terecord for yesierday Was—sunstrokes, twenty~ two; deaths, eleven, Prostrated by the Heat. The following cases of sunstroke occprred yes terday:— ~ Margaret McAdams, twenty-seven years of age, residing at 17 East Thirty-second street, was brought in by ambulance froin the corner of Thirty~ second street and Second avenue to Bellevue Hos tal. Catherine Dolan, aged eighty years, a native of Treland, residing at 326 Fast [wenty-second_ street, also her husband, were brousht to the Bellevue Hospital. Lawrence Driscoll, aged forty-two years, a fre man, was brought to Bellevue Hospita) from the Seventh precinct. Eliza Cunningham, aged forty-five, a native of unningham, her sister, were Treland, also Kate both paves ee in by ambulance to Bellevue Hospitat from the Thirteenth precinct. An unknown man Was brought to Bellevue in an ambulance from Forty-second st:ect. Rebecca Frazer, of 282 First avenue, was found im Fighth street and sent to Bellevue Hospital, fary Stewart, thirty nine hain of age, was found in the street and sent to Be!levue Hospital by the police of the Eightsenth precinct, Christopher Lorett, fifty years of age, of 135 West Eighteenth street, was !ound on the corner o} Eigh- teenth street and Seventh avenue and sent home. William Conklin, thirty-five years of age, of 436 West Forty-second street, was found in Hudson street, and sent home. ‘Frederick Michaelowsky, forty-eight years of of Newark, N. J., was found at 14 White street, an sent home, Frederick Merd, thirty-eight years of age, living im College place, Brooklyn, was ‘ound on the corner of Broadway and Chambers street, and sent home. George E. Wolf, of the Ninth precinct, was found in Bleecker street, near Bank, and sent home. Patrick Brady, fitty years of age, no home, wae sent to Bellevue Hospital by Captain Cameron. James Moony, fifty years of age, no home, was found at the corner of Third street and First ave- nue and sent to Bellevne Hospital. Christian Wetter, thirty six years of age, was sent to as Park Hospital by the police of the Seventh» recinct. : James Smythe, fifty-four years of age, of 446 Fart Eleventh street, was found in Thirty-fifth street and sent to Bellevue Hospital. Jaco¥ Holman, thirty yea:s of age, of 15 A*torne’ street, was sent home by the police of the Eleven! recinct. ™ William Kirby, of New Jersey, was found in the streets and sent to the Fifth precinct station house by the police. ‘John Gleason, forty years of age, no home, was: found at the Battery and sent to Bellevae Hospitrl. Louis Keyser, twenty-two years of age, was sent to Bellevue Hospital by the police of the Fifth pre~ cinct. John A. Winser, thirty years of age, of South Ho- Ronee N, J., was found in Essex street, Sent. ome. The Deaths Yesterday. The following was the record at the Coroner's office yesterday Mary Rierdon, forty years, Ireland, 67 Mulbet street; had been a hard drinking wouan, Oe ‘Sarah J. Gourlay, forty-cuzht years, Ireland, 48: Jackson street; was very intemperate In her habits. William Hunt, twenty-eight years, 220 West Eighteenth street, rear, Sophia Fishman, two years, United States, 263. Stanton street. Christian Bisson, 303 East Twenty-sixth street; Temoved to 194 Second street. Henry Stebbins, an intelligent, but very eccentric man, who lived alone at 86 Suffolk street, was. found dead in bed, he having been alone and unat- tended at the time of his death, a Major, twenty-four years of age, of Ire- land. Deceased wasa patient in Bellevue Hospl- tal, suffering from sunstroke, and jumped from a, second story window of the hospital, a fracture of * thé skull being the result. The nurse saw Bi t in the act of jumping, but could not reach her in. time to prevent the accident. Two unknown men, one from the First and the other from the Sixth precinct, died in Centre Street. Hospital and were sent to the Morgue. Nancy Carter, colored, sort /-eight years, United States, living at No. 33 Thompson street, while in the act of entering the Eighth precinct station. house to make a complaint against her daughter, arrested for disorderly conduct, fell dead at the door, She had been suffering trom heart disease. Frederick Burton, thiity-five years of brought in by ambulance from Dey street, die yesterday in Centre Strect Hospital. The body was Bent to the Morgue. Coroners Herrman and Schirmer held all the: cases yesterday. In Brooklyn. David B. Phillips, a lawyer, died on Friday night. from the effect of the heat, at the residence of Mr. Palmer, in Flatbush avenue. Phillip McLoughiin, a laborer at Martins’ stores,. died at his residence, 23 Front street, yesterday. An unknown man died yesterday at the Long” Island College Hospital. Michael! Whalen died at 286 Plymouth street. Patrick Tigh was found dead at his residence, 738. Myrtle avenue. William Thompson was taken to the Long Island Hospital on Friday night, having been sunstruck. Lizvie Tormey was sunstrick at the corner of Court and Church streets yesterday, The Thermometer, The following table gives the indications of the thermometer at Hudnut's pharmacy, for yesterday,. and the corresponding date last year :— 1871. 1871, 1872. . 89 8e 8 Central Park Meteorological Department, ‘The following is an abstract of the report for the: week ending at 2 P. M. yesterday of the Central Park Meteorological Department: Barometer. Inch Mean... + 2. Maximum Minimum .. a7 Range.. . Range...... Oo Remarks. July 4—Rain from 5.15 P. M. to 12 P. M.; amount bbe 5—Rain from Oh, 0m. A.M. to2 P.M. ; amount of water........ eeeeee teeeeee July 5—Rain from 6,50 P, M. to 7.30 P. M.; amount of water...... seneee ” seveeeves lB Total amount of water for Week............ 1.48 Yesterday morning an inquest in the cage of John Heiss, late of Sixty-Dinth street and Ninth avenue, was held by Coroner Schirmer, at the City Hall. His death was supposed to have been caused by a blow on the head with a milk can in the hands of George Michels. Deputy Coroner Cushman made a arp nage examination on the body und found that death resuited from deliriuin tremens, 8 uch was the verdict of the jury, Voroner Schirmer dis- . charwed Michels from custody, A ' Ad