The New York Herald Newspaper, October 23, 1872, Page 4

4 THE courTS. The Grand and Petit Juries in the United States Courts. _——_-———— Adjournment of the Whiskey Ring Case. THE SUCCESSOR OF JUDGE BARNARD. Trials and Sentences in the Oyer and Terminer. VERDICT FOR SURGICAL MALPRACTICE, Alleged Fraudulent Dis- count. oh ACTION FOR: LIBEL. ‘Business of the General Ses- sions, The business of the law courts yesterday, though interesting to the litigants who were fortunate enough to have their cases presented and action éaken thercon, in these exciting political times was Bot of much public interest. The judicial pulse, as well as the pulse political, is almost up to fever heat discussing “‘Who will be our next Mayor?”—a query which, when put by one friend meeting an- other, is answered by quite as enigmatical, though au older query—Who struck Billy Patterson?” Ta the United States Circuit Court the Grand Jury were discharged without a charge, there not being @ quorum present. On the other hand, the absen- tees on the Petit Jury were directed to attend and show cause why they had not attended on the day of summons, or be fined for not having been found when wanted, ‘The alleged whiskey tax defraudment case was further adjourned, it being deemed imprudent at this time to revive the “straight-out Bourbon” question in the Courts, from which alt such politi- cal influences should be kep' ‘ed. Acase of maipractice against a surgical prac- titioner resulted in the jury trying the cuse de- ciding that his practice was decided mal apropos, giving a verdict of $5,000 against him, A case of usury occupied one of the Courts on which action was taken to avoid the payment of a gote on the ground of excessive discount obtained through fraud. The allegation of fraud was sus- tained and the note was discounted beyond re- demption. The Ring Frauds—Civil Suits.—The case involving the question, the legal right and responsibility as between the Board of Supervisors and the At- torney General of the State to prosecute for the recovery of the moneys alleged to have been stolen by the Tammany Ring, will be found fully reported in another column under its appropriate head, A case of considerable importance to bankers and brokers, and others accustomed to the hand- limg, certifying and payment of checks, and which may, to some extent, pnt a check to injudicious treatment therein, will be found under the head of “A Stolen Chec in another column, These were the more important cases tried yesterday in our law courts. UNITED STATES CIRCUIT COURT. Judge Shipman sat fa Usited States Cireuit Court yesterday, and proceeded with the despatch of public business. There not being a quorum of the Grand Jury in attendance, the Judge notified the Grand Jurors resent that he would discharge them until Thurs- lay morning, when he expected there would be a full attendance. The Judge will deliver bis charge on that day. The panel of petit jurors having been called it ‘was found that several of those who had been summoned failed to attend.” Judge Shipman directed that those who had not answered should show cause to day why they should not be fined $250 each. UNITED STATES DISTRICT COURT. Motion for a New Trial Denied. Judge Blatchford yesterday rendered a decision tn the case of the United States vs. Henry Barnes. It was a motion for a new trial. The Judge denied the motion. UNITED STATES COMMISSIONERS’ COURT. The Alleged Whiskey Fraud. Before Commissioner Shielas. ‘The United States ve, Lewis Samuels.—The de- fendant, as already reported in the HERALD, has been charged with conspiring with others, in 186, to defraud the government out of the duty on ten barrels of whiskey Manufactured at Niet et | in this city. Yesterday, by consent of the counsel on Hoth sides there was an adjournment of the case ‘Sill Mouday next, SUPREME COURT—CHAMBERS. The New Judge on the Bench—Motions and Decisions. Before Judge Fancher. Judge Fancher, appointed to fill the place caused by the removal of Judge Barnard, took his seat for the first time on the Bench yesterday morning. He presided with marked dignity, and in his courteous bearing to counsel, quick apprehension of the points of tne cases brought before him and rapid despatch of business, gives promise of becoming speedily 4 most acceptable and popular incumbent of the Bench, Only ove motion of very special im- portance came before him, however—the case of the BUTLER-CLERKE LITIGATION romised to come up on a motion to discharge the atter {rom arrest, he still being confined in Ludlow Street Jail, but was postponed for two days. The only other cave Of any interest was ap application for # mandamus against the Board of Supervisors to compel them to audit and allow William P. Turner RENT FOR THE ARMORY IN FOURTH AVENUE for twoand a hali quarters, so that the claim might ‘be incorporated in the tax levy to be submitted at the next session of the Legisiature, It was con- by Mr. Strahan that ali questions of past in- viedness by tle city have been transferred to the Board of Audit aud the Comptroller, and that no further power was vested in the Board of Super- visors vo audit claims against the county. answer to this Mr. Beach insisted that the ork and claims for the armories were specially ex- from the matters transferred to the rd of Audit, and, theretore, uniess the Supervisors could pass this bili, there was no Way of procur- §ng payment, The Court reserved its decision. Decisions. Tradesmen’s National Bank vs. Parker.—Motion granted, Grifin vs. Howard.—same. Same vs. Same.—Motion granted, defendant being allowed to put in supplemental answer set- ber datrerass in bankruptcy. aie ere Moti granted. Davis et al. vs. Wilkins et al.—Motion granted. Pheian et al. v8, Hualfeicher et al.—Mution or eatein ve. McKinley.—Same. Appel et al. vs. Thompson et al.—Same, Beeve vs. Howland et al.—Same. Conmneness dong o—- et al—Same, Webb vs. Wel ec. Bank or Paka tee via emtines: al,—Motion ted for third Friday ir. biter et al. - Cole.—I think bail is suMeient on recording dee Capers et al. vs, Gre; .—Motion granted. ack enbush wal eo Nicxinstry._-same. ochier vs. Monhetm,—Saime. cen sere, County National Bank vs, Decker ct a. 5 ee et i ‘vs. Thorn et al.—Same. more e vs. Crowith et al. '. Commerford vs, Wildman et a chkene. Charies R. Wilcox et al. va. Robinson et al.—Same, Weller vs. Arcularius.—same, Gardiner vs. P 1e. Cooper vs. Gallet et al~-Seine, fncecliatetny COURT GF OVER AND TERMINER, & Man’s House His CastlemA Sixth Ward On the reassemipipg of this Court, at hall-past NEW YORK H#RALD, WEDNESDAY, OCTOBER 23, 1872—TRIPLE SHBET. ten o’clook yesterday morning, the court room was densely crowded, It was expected—and this | doubtless served to swell the throng—that the case | of “Boas” Tweed would come up in some shape; | but the proceedings opened with taking up the | calendar of minor offenders—that is to say, those of | minor public notoriety. First in order was called | the case of Michael Tierney, who pieaded guilty gf | burglary. Sentence was suspended. And then | Samuel Mudgett was called to the bar to be tried ona CHARGE OF MURDEROUS ASSAULT. The party assaulted was Richard Burke, It ap- peared that Burke went to Muagett's eating saloon | in West street, near North Moore street, and at- | tempted to kiss tne tatter’s wife. This incensed | Mudgett, who put Burke out of the place, Burke attempted to force his way back, and thereupon Mudgett fired at him twice, one of the shots taking | effect in Burke’s arm. Mr, William F. Howe | defended the prisoner, and after the testimony had been heard =, forth the above facts, urged upon the jury that Mudgett was entirely justifiable in the assault, and gave such eloquent portrayal of | the oid and well-established principle that every | man’s house ts his castic that the jury, without leaving their seats, rendered a verdict of not guilty—a verdict in which Colonel Feilows, the Prep pg lyse Mera and Judge Brady futiv ac- quiesced, ¢ next prisoner tried was Joha Wren, the charge against him being BURGLARY IN THE FIRST DEGREE, Wren is a mere youth. Mr. Murphy, the com- plainant, testified that the rooms he occupied, on the top floor of the tenement. house No, 617 ‘third avenue, was broken into dtwing the night and | some clothing, bis pocketbook and mancy stolen, ‘The accused had helped lim move there & few days | before, and he saw him there that even- ing, The defence, which was conducted by Mr. Abe H, Hummell, was burel in the third degree. Several persons testified to his previous good character. Arter some further { testimony the prisoner, upon the suggestion of his counsel, Withdrew his previous plea and entered a lea of ‘ilty of burglary in the third degree. liows urged # severe seutence. Judge id that he was disposed to lean on the side of mercy. His observation had taught him that a person sent to State Prison was doomed to a life of felony. This being this boy's first offence he | would remand him and see if he could not do bet- | ter than send him to State Prison. While Judge was talking the prisoner was deeply adected, | as were many others in the court room, The next | case Was a | CHARGE OF ROBBERY, | in which Joseph Daniels was jointly indieted with Michael Dwyer and John Kenny for rebvery, They preferred a sepurate trial, and Daniels was put on | trial first. The complainant, a tatlor, named Barry, testified that he went into the Uquor | saloon corner of Park and Baxter streets to take | the | the box, and, as she forgot the key, King found obtaining $15 from Emity Holmes, who re- sides at 50 Third street, om the 30th of duty, by fatscly representing to her that her brother was arrested for assault and battery, and that the Judge at Jeiferson je ket must have $25 before three o’ciock or her brother Henry would be locked up. She gave him all the money she had, and found out two hours atterwards that she was swindied. Henry Holmes testified that he was at a Sunday school picnic on the soth of July, and that the story 0} smith was a fabrication, ‘The jury rendered a verdict of guilty without leaving their seats. Smith was convicted last month of larceny by trick and device, and upon that verdict His Honor sentenced him to the State Prison for five years. Upon the second conviction for falae pretenses he Was sent to the State Prison for three years, the aggregate punishment being eight years. Larceny from the Person Charies Gordon, indicted for assaulting Francis and stealing eleven dollars from him, pleaded | guilty to petit lareeny from the person, The | Recorder imposed the highest sentence that could be indicted for that offence. Aa the prisoner was | being removed from the bar he turned round and | inguired in au impudent tone, “Can't you give me | any more?» is Honor replied, “I wish I could.” Petit Larceny. John Glackner and Joseph Bernet, charged with stealing $205 worth of ciothing on the 26th of Angust from the premises of James Mulligan, Dieaded guilty %o petit larceny. Bernet was sent to the Penitentiary for six months, and Glackner, who gave eviden f bDrevious good character, Was sent to the island for three months. Larceny of Jewelry. Kdward T. Cox, joinity indicted with Nathan King, was convicted of grand larceny. The testi- mony showed that the detendants were private de- tectives, Keeping an office at 72 Broadway, and that Mrs, Mary Bergen, 4 resident of Brooklyn, being ac- quainted with the defendants, on the 21st of Feb- ruary fast entruated to them a tin box containing $1,600 worth of jeweiry, consisting of gold watches and chains, bracelets and other articles of value. They told her that they had an iron safe, and that the box would be kept perfectly safe, About three weeks after she called to get a charm that was in She did not then miss desirous of going out upon Cox and re- & key which opened the box, any of the articles. Bein, ot town in duly, she quested him to let her have her property. He made an excuse that he left the Sox at a bank, and kept putting her off from time to time, until finally she had him arrested, He gave the ‘detec- tive Seven pawn tickets, which represented a por- tion of Mrs, Bergea's property. Cox in his own de- fence stated tvat he was short of money and pawned the articles intending to redeem them, aud that King was in Trenton at the time and had a drink, After he had drank Dwyer asked him in the haltway and alter he went in there knocked him down, and, assisted by Daniels and | Kelly, took his coat, boots and hat. An alibi was | clearly proved on the part of Daniels, and the jury, | without leaving their seats, rendered a verdict of | acquittal. Succeeding this there was placed at the | bar a young man named J. G, Douglas upon an ACCUSATION OF EMBEZZLEMENT. Jt appeared that he had been in the employ of Wells, kargo & Co. and appropriated to his own | use $130 which he had collected. Mr. Hummeli, | who defended him, entered a plea of guilty of | grand larceny. He then told how the unfortu- | nate young man had but a short time bef been | an inmate of an insane asylum, and he urged that the accused wi not in his right mind when he committed the robbery. A marricd gentleman testified to his previous in- sanity. His mother was calied as a witness, but she was too much overcome to give her testimony, and the Judge excused her. He was remanded for turther examination as to his mental condition. | The last case tried was that of Charles Davis, on a charge of STEALING A SHIP CHAIN of the value of $500. The evidence showed that the chain was stolen from pier No. 39 East River, and taken to Brookiyn and offered for sale. It was further shown that the Tee was an old of- fender. He was sentenced for five years to State Prison. His alleged confederate, James Wheelan, jointly indicted with him, had given bail, but failed to put in an appearance. The Court meets again at the usual nour this morning. SUPERIOR COURT—TRIAL TEAM—PART |. Verdict Against = Surgeon for Alleged Malpractice. Before Judge Barbour, Margaret Ward vs. Ignatz Will.—The defenaant ig a physician who attended professionally upon a young daughter of the plaintiff. It appeared that some three years ago the daughter injured her right hand, and that the defendant, being called in, bandaged it as fora fracture. The child being in great pai a second physician was called in nine days alterwards, and found that the bandage had | been put on so unskilfuily and drawn so tight as to | cause mortification to set in. The result was that the child lost two fingers and had her hand other- wise deformed. Suit was brought for $5,000 ages on the ground of malpractice, Several | doctors gave their testimony, showing that there had been no fracture of any bone. During the argument of the case it was intimated that the defendant, who failed to appear at the trial, had fled the city, and that it was very questionable whether he had ever been licensed as a surgeon. A verdict was given for the full amount claimed, SUPERIOR COURT—TAIAL TEEM—PART 2. Alleged Fraud in Discounting Notes and Drafts. Before Judge Monell. John J. Rockwell vs. Emil C. Cahn et al.—This suit was brought to recover on a note for $3,000. The defence was usury. It was claimed on the rt of the defendant that during his absence in rope this note, with about $20,000 besides in notes and draits, was fraudulently made by his partner, and sola through the agency of a lawyer and broker at a large discount, the two latter, as alleged, having since fled the country. A case of usury was deemed made out and the complaint ‘was dismissed. SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Sedgwick. Ludington et al. vs. Abraham B. Miller et .—Memoranda for counsel. In the Matter of the Application of Alice Colby.— Motion denied, Harrison J, Sibly et al. vs. Robert Remie.—See opinion. “= 4 oii Marks vs. Herman G. H. Hagee.—Motion lenied. James R. Watts vs. William B. Hilton.—Applica- tion denied, Edmund Lambie vs. Charles A, Budderrich.—Or- der granted and to be noticed for settlement. Julia £. Warner vs. Cooney Lardhardt.—Motion for ee inted. Christian ty Louisa = Tufly.—Divorce granted. (nega Miller et al. vs, Leopold Keller.—Default taken. ‘The National Bank of the Commonwealth vs, J. J. Temple ct al.—Order granted. MARINE COURT—PART 2. Action for Libel. Before Chief Justice Shea, Otto Ditmar vs. Fredrick.—The plaintif, a show- case manufacturer, sued the defendant, the editor of the New Yorler Demokrat, for an alleged libel, lay- ing his damages at $1,000. The substance of the alleged libel was that the plaintii? abandoned his wife and child, and was about to abscond to Eu- rope, taking with him $2,000, when he was inter- cepted by his wife, who had him arrested upon a charge of abandonment. The evidence for the plaintiff was that he and his wife, after their mar- riage and up to within a few weeks of the publica- tion of the alieged libel, lived with his father-ln-law, in Hoboken, and that in order to facilitate his business he moved to New York, where his wife re- fused to live with him; that he never deserted her, nor refused to support her, and never thought of absconding to rope, and that there was no Truth whatever ae tao ce ang = defence, it Ny "x New York pul up first, that it was copied from the fercury; second, that the plaintiff’ had abandoned his wife and child; and, t! that the publication Was a privileged communication, To substantiate the second point of defence the defendant put upon the stand John P. Volihardt, a justice of the of Hudson county, State of age Jersey, who nothing to do with the transaction, ‘The jury rendered @ verdict of guilty, and at Mr. Howe's request Cox was remanded for sentence. Assistant District Attorney stewart consented to King's dicharge, there being no evidence against him. Alleged Homicide. In the afternoon a young man named Patrick Clifford was placed on trial charged with murder in causing the death of Mary Ann Gallagher. The testimony for the prosecution thus far shows that the prisoner and the girl went to a disrepu- table honse in Hester street on the loth of May, and that during the night the landiady heard moaning in the room they occupied, and that on the following morning the accused had a girl named Farrell help the deceased to her mother’s house, a few blocks distant. She said that she nad cramps during the night. The prisoner gave the girl Farrel) some money to buy medicine for her. The deceased remained at her mother's house nearly a week, and was removed from thence to Bellevue Hospital, where she lingered for a | few days and dicd, The physician stated that death was the result of rapture of the biadder. ‘The case will be resumed to-day. COURT CALENOARS—THIS DAY. Covert oF OvER AND TKKMINER—Held by Judge iy.—Rape, Micnael ‘Coomey; robbery, William. Ryan; forgery, Max Lowenthall: grand larceny, N.Y john Missfeld, Joseph Brant, Hugh McCahey; assault with intent to steal, Charles | Donohue and Joseph Stevens; disorderly house, Susan Duty. JOURT—SPECIAL TeRM—Hell by Judge Barrett,—Demurrer—No, 20, Issuses Law and Fact— | Nos. 115, 104, 107, 134, 185, 95, 48, 52, 102, 64, 132, 98, 1 1, 71, 74, 9, 86, 40. SUPREME CovrtT—Onampgrs—Held by Judge Fan- cher.—Nos, 13, 19, 33, 46, 55, 58. Call 97. Supreme Court—Cixcuit—Part 1—Hetd by Judge Leonard.—Nos, 770, 3761, 3762, 3763, 3764, $24. 918, 2350, 761, 800, 896, 90445, 3318, 922, 480, 784, 853, 988, 900, 1054. Svurekion Corrt—Part 1—Held by Judge Bar- bour.—Nos, 1285, 685, 1989, 1853, 155, 1857, 1975, 1889, 1891, 1898, 1895, 1899, 1877, 1879, 1881, Part 2—Held by Judge Mont (08. 964, 1106, , 726, 1958, 1504, 1434, 1498, 1502, 1140, 124, 1: 1516, 1521. COURT OF COMMON PLEAS—GRNERAL TERM.—Nos, 188, 190, 194, 195, 196, 199, 202, 205, 207, 21 2 13, 214, 3 218, 219, 222, 223, 224, = 226, j, 162, 101, 203, 78, 85, 86, 8) Court or Common PLeAS—TRIAL TeERM—Held by Judge Loew.—Nos, 1547, 1598, 1366, 68, 468, 1337, 97, 609, 866, 1124';, 1051, 846, 332, 171 034. MARINE CoURT—TRIAL TekM—Part 1—Hela by Judge Gross.—Nos. 582, 650, 656, 678, 706, 708, 786, 790, 792, 794, 796, 798, 800, 578, 584. Part 2—Held by Judge Shea.—Nos. 527, 611, 631, 643, 669, 679, 691, 695, 702, 1279, 621, 751, 753, 755, 796. Part 3—Held by Judge Curtis.—Nos. 372, 418, 420, 480, 488, 509, S11, 152, 148, 241, 388, 497, 529. Court OF GENERAL Sesstons—Held by Recorder Hackett.—Murder, James Larkin; homicide, Joseph 211, 212, 110, 41 B, counsel on both sides, though, singular to relate, considering the multiplicity of lawyers, the case roared a-auallty without any great amount of ‘ng. POINTS RAISED FOR THR DEPRNDANTS. On behair of the defendants it was claimed by Mr. Burrill, who conducted the argument on their side, that the decision at Albany of necessity implied that these actions could not be maintained by the Supervisors, inasmuch as i¢ was a ‘primitive law that a party couid not be responsible to two sepa- rate plaintiffs on the same Cause of action, and the opinions of the Albany — adjudicating the matter sustained this view, and while, as an pig nal question, they had been and are still of the opinion that the Board of Supervisors of this county, and mot the Attorney General of the State, were the proper plaintiffs, the de ot | the Albany Court waa one they and this Court were bound to be governed by until the same had been reversed, THR SUPERVISORS’ GROUND OF ACTION. In reply to the above, Ex-Judge Porter argued on Moran on the tlth of August, in Houston street, | behaif of the Board of Supervisors that if the State had the right of action this did not preciude the county trom its right, and that an opinion in the cases @t Albany that the Supervisors had not the right te bring an action would be obiter dictum, as the Supervisors were not a party to those actions and could not be bound by the decision rendered. THE FINAL ARRANGEMENT. After some further talking, which was altogether upon the technical points of the case, and with no reference whatever to the merits, it was finally arranged that each side should put in a brief in the three suits against Tweed, Connolly and Fields, which are almost identical with those argued at Albany, and that the suit of Connolly and the others should go over till next term. TWEED AND THE BENCH WARRANT. A Message from Mr. Tweed—He is to Surrender To-day to the Sheriff. In reply to inquiries at the Sheriff's office yester- day as to Mr. Twéed and. the service of the bench warrant, it was stated that Mr. Tweed’s counsel had “sent word round” that he would present himself at the Sheriffs oMce this (Wednesday) morning. This message was accepted in good faith, and it is expected that at the announcement of the decision by Judge Brady this morning in reference to the previous indictments Mr. Tweed me surrender, and an application will be made for mil, A PLEASANT EXCURSION. vr. Froude and Miss Faithful Take a Trip Through Some of Our Public Institutions—What They Saw—No Speeches, but an Informal Expression of Approval. Yesterday morning, in response to an invitation courteously extended by the Commissioners of Charities and Correction, two distinguished liter- ary visitors to this country, Mr. James Anthony Froude and Miss Emily Faithful, were taken through the principal public institutions of the city. They were accompanied by @ party of some thirty or forty gentiemen, including among the rest the Rev. Dr. Deems, Rev, Dr. Ormiston, Mr. Algernon 8, Sullivan and a number of members of the Ar- cadian Club, Mr, Edmund Yates was also invited, but having to sen. off the last pages of a novel by to-day’s steamer he was compelled to decline, ‘The party, under the charge of Commissioners Nicholson and Bowen, teft Twenty-sixth street, on the steamer Bellevue, at half-past ten o'clock, the upper deck being reserved for them, while the lower was crowded with its usual freight of the sick, the criminal and the unfortunate. Touching at Blackwell's and Ward's Isiand’s, the Bellevue steamed away through Hell Gate and past Fort Schuyler and City Island to the city schoolship Mer- cury, Where the distinguished visitors were received with a hearty welcome by Captain Gerant. In ex- pectation of their coming the boys had been drawn up in line on the deck, aud although their uniforms showed traces of hard usage and long wear they were spupnloaey heat and clean, and the general appearance of these youthful apprentices to sea- Manship and good behavior was very creditable. Captain Gerant himself escorted Mi Faithful through the ship, while Mr. Froude and the rest followed by twos and threes, The weapons in the armory and the kitchen utensils especially at- tracted attention by their oe, brightness, and even the decks were everywhere, as somcbody said of a Dutchwoman’s uncarpeted parlor floor, “clean enough to eat your dinner from."’ Retarning to vhe upper deck the party were afforded an oppor- tunity to see the boys display their seamanship, a couple of watches going aloft and unfurling and furling the sails and performing various other in- teresting nautical manceuvres, though, of course, the unfortunate fact of the ship's being securely anchored was an insurmountable obstacit to a complete exhibition of their prolicicnacy in their protession. As the ty left the Mercur? a salute of five ins was fired in its honor, and the Bellevue re- ponded by a series of steam calls from her whistie and ‘‘Hail,Columbia,”’ from Dodworth’s Band, which accompanied the excursion, and agreeably en- livened {ts duller passages by some admirably played music. The yards of the Mercury would also have been manned, but the ship is just now under, Vs some repairs that made this im- possible. Such, at least, was the general re- ceived version of the matter, though there was one incorrigible joker who said the true reason why they did not “man the yards’ was that the Mer- cury “had only boys aboard.” This wretched creature would have certainly been flung over- board had not Mr, District Attorney Sullivan inter- posed a timely interference. Steering back to Blackwell's, the were Dykes; rape, Patrick McNamee, Thomas nnan and John Campbeil; forgery, Josiah Preaton; burg- lary, Peter Doyle, Willlam Davis, James S. Smitk, John Langdon and Henry Merrill; grand larceny, James Reilly, John Smith, Thomas Kelly and David Hartmeyer. A STOLEN CHECK. ie int es How a Missing Cheek Tarned Up Three Years After It was Stolen—Suit on the Cheek in the Supreme Court—Impor- tant Verdict to Bankers and Brokers. A check for $5,000, gold, on January 21, 1965, was given by Matthew Morgan’s Sons on the Bank of New York, payable to their own order, and by them endorsed in blank and certified by the bank, On the 4th of February succeeding this check was shown to be in the possession of the firm of Meyer & Greve, bankers and brokers, No. 52 Exchange place. One of their clerks on that day was tn- structed to deliver said check to the firm of Robin- son & Cox, brokers, in Wall street, and while he was got mean Place to Wall street the same was stolen out of the pocket of his overcoat, Payment of the check was immediately stopped and notice of the loss fully given by distribution of band-bills and notice of advertisement in the public prints. No tidings of the check being had, on an indemnity from Meyer and Greve, Messrs, Morgan & Sons issued a duplicate check, which was cer- tified and paid by the bank, In the month of June, 1868, more than three years after the loss, the stolen check was presented on behalf of ‘Mrs. Louisa J. Nolan, and payment being reinsed a suit was brought to recover the amount. The case was tried yesterday in the Supreme Court Circuit before Judge Leonard. It appeared from pamerisence that the plaintit was in, the Spring of 1868 @ boarder at the St. Charlés Hotel, in New Orleans, where she made the acquaintance of a Mr. Allen, through whom she made a to a str r to her on this gola check aa collateral of $4,000. There was no evidence to show that she had any knowledge of the theft of the check, and it was contended by her counsel that under the decision ot Muryay vs. Lardner, 2, Wallace, 110, and Welsh’ vs. Sage, 47 New York, that she was entitied, as a matter of law, toa judgment for the whole amount of the cteck, it being claimed that the certification of the check by the bank gave a new character to the instrument and made it equally negotiable as ® bank bill or coupon bond. In ition to this view it was claimed by defendants’ counsel that the certifica- tion had no such effect, and that the time which had el from the date of the check in 1865 to April, 1 it no longer negotiable and de- prived tl piaatutt of all ts a8 a bona fide holder. The Court sustained the view of the de- fendants’ counsel and directed @ verdict for the defendants. THE RING FRAUDS, Festified that Roza Ditmar for & warrant for the arrest of her husl on the gronnd of abandonment; that he issued s warrant ‘upon her preferred charge, but which has never beem executed because of the plain neging ee suresh Ab hatte old 9s antec el e jury e publisi an r has by ri hnetemey bans rp) that he cannot be muict in 8 1D @ civil action for gi and true report of any public or official pi ne The Civil Suits of the Board of Super- visors Ag: st Tweed, C. lly, Fields, Ingersoll Others—The Decision in the Albany Courts a Stumbling Block. Asa token of their being some vitality still re- fair | maining in the civil suits brought by the Board of Supervisons against William M. Tweed, Richard B. Statement, speech oF argument. except upon ac Connolly, Thomas ¢. fields, Ingersoll and ¢ mailoe could pied treme “the mere fot others of the aileged Court House “ring,” pe thst Saree Ly notinclude | their cases were brought up yesterday. On png ‘at rth on the morning before Judge Barrett, holding tte, OT OLED (ae sary lorattn cordetIor | special term of the Supreme Court, "It will be tne defendant. For piaintil, ¥. t; for defend- | remembered that immediately after the breaking ant, Jacob A. Gross, up of the “ring” civil suits were institated against COURT OF GENERAL SESSIONS, A Notorious Swindler Sent to the State Prison for Hight Years, Before Recorder Hackett. b , th thé Court, a barefaced swindler. acta aime vergh iver wae wopeethe next eight yeard by the Recorder. The rascal has carried on inte nefarious operations for some time, and succeeded ta Victimizing @ number of unsus vecting wounds. MMe wae tried and convicted of the parties named by the Attorney General of the State, The only proper party to bring these suite, it was claimed, was the Board of Supervisors. This jon was argued at great Tength ia the Albany and ivees decided by tl that district that the right to bring was vested in the Attorney General. O'Gorman, Corporation Coun- before ite im this district on the same in of action, The defendants de- suits,fand the case came up yester- Gay on chis demurrer. There was a large array of entertained with ham sandwiches and oysters by the Warden of the island, and then made the tour of the almshouses, the hospitals and the Peniten- tary. Mr. Froude expressed a very sincere ad- miration of the cleanliness, order and good discip- line that characterized the institutions, but no effort was made at any time during the day to entrap him into a formal speech. The mac dis- embarked at Twenty-sixth street at hali-past four gicloak, having spent a very pleasant and profit- able day. Mr. G. E. Winant's ‘Journal of Travels, Twenty Thousand Miles by Sea and Land, Over Europe, Asia and Africa," will be soon issued in this city. HERE IS A NEAT BIT OF SATIRE On the high-blown encomiums which Miss Anna Seward and the poet Hayley used to be continually writing to each seer = canefal post ! Brita ! th m Ria oan? ¥ There isa large family of Sewards and Hayleys connected with the press of the present day. “ASPECTS OF AUTHORSHIP” is the title of a clever literary compilation, by Francis Jacox, just pub- lished in London. PORTS ARE NOT ALWAYS POoR.—Henry W. Long- fellow pays a tax of $2,666 and James Russell Lowell pays one of $753. ‘THE PRICE OF THE LONDON Hornet is now reduced to one penny. The paper is one of the best of the comic order. THE MOST USEFUL BOOK Of the year 1872 is, beyond question, “The Encyclopedia of Chronology, Histori- cal and Biographical,” by Woodward & Cates, two Lendon writers. This work of 1,487 closely printed, yet clear pages, embodies more than all the chro- nology in Haydn’s “Dictionary 01 Dates,” while it embraces, in addition, a complete biographical dictionary of notable persons in one and the same alphabet. As an elbow-companion for writers and students it has no equal, giving the date of every event, whether treaty, battle, convention, revolu- tion, discovery, dynasty, or what not, with the birth and death of each person of note in letters, art, politics or science. Mr. W. J. Toms, the editor of Notes and Queries, is preparing for early publication a work on the longevity of man, in order to show with how much doubt reports of unusually long lives ought to be regarded. He does not believe that any au- thentic instance of a centenarian exists. Tae SALB OF THE CoPyRigHTs, &c., of the house of Bohn (not to be confounded with the English publisher of that name) took place lately at Haar- lem. The copyright of the “Camera Obscura,” by Hildebrand (Nicolas Beets), the most noted work in modern Dutch literature, was sold for 12,000 florins; that of the poems ef the same author fetched 5,000 florins. THR TWELITH EDITION Of Mr. John Forster's “Life of Charles Dickens,” volume 1, nas just been published. The second volume is nearly ready. AN ENGLISH TRANSLATION of M. Edmond Aboat's little book om political economy, the “Workman's A, B, ©,” is announced, ‘ “* ’ fast bedn iaaned vy M4, AN OFFICIAL CIRCULAR has Jules Simon, the highly scoomplished French Minis- ter of Public Instruction. The study of German or ¢ General Term | English ts made obligatory on each boy in the French schools. Geography is to be carefully taught, and a map of France will shortly %e pud- the bringing of those | lished at an almost nominal price, Latin verse- writing is abolished, and Latin prose composition is to be made a matter of leas moment thap for- A POLICEMAN MURDERED. THE “BATTLE ROW” TRAGEDY eoaeeieenaee Trial of Henry Rogers for Killing Officer Donahue. THE PRISONER'S CONFESSION. Convicted of Murder in the First Degree and Sentenced To Be Hanged. SCENE IN A BROOKLYN COURT ROOM. The court room of the Oyer and Terminer in Brooklyn was again crowded yesterday morning, when the trial of Henry Rogers for the murder of Policeman John Donahue in Jwly last was re- sumed. The gallery was filled by the Fourteenth ward rowdies and thieves, who have taken a great interest im thia case, The prisoner was taken into the court room before ten o'clock, and appeared a8 unconcerned a6 on the first day of the trial, THR CASE. VOR THR DeraNdE was opened by Counsellor Tacodore Fdson, who, while admitting thas Rogers had struck the officer. Once, said that after that Donahue was beaten with the cart rang and with bottles, and that these blows caused his death, Mary Reardon, who lives opposite McGoldrick’s saloon, near which, in North First street, Donahue was beaten, testified that she saw the assault from her house, but she could not identify any of the as- sailants, The prisoner Rogers was then called to the stand, Every eye in the court room was immedi- ately directed to the prisoner, who walked with a firm step up to the witness stand and took the oath previous to testifying in his own behalf. He was first examined by Counsellor Davis and testi- fied as follows :— ROGERS’ CONFESSION, Tknew Officer Donahue for nine yearsyI belonged to an engine company with him two snd a half years; served the army four years; I was intimate with him and friendly; [ never ‘in my life had an unpleasant or cross word with Donahue; hé was a kind, good man; we were intimate up to the time of his death; I talking to him on Friday night in a triendly way abont different did not see him again until Saturday night; T was never in the hnbit of associating with any of the wit: ses Who have k's; E never had any ditioulty * 6: T went to the ‘Alhambra about a quarter to cleven; I had been drinking before and T drank there 1 had drunk seven or eight times in the Alhambra (a “free and easy”); McLaughlin, Sewell and three or four more were sitting’ by a table; under it were 1 Flint passed several of them ; 1 did not take any; they then nt out; T saw bottles in the hands of four or five; T ‘out about i I went with Sullivan and Kelly to McGoldrick’s; I had two drinks there of beer; was there around fifteen or twenty minutes; took irom there a wooden bar; on other nights T had taken pi f Wood from there to con THK ws that we would catch sleeping round there ; that was what I took that bar for; at that time [had not heard Dona. ; Thad not thought of him at all; £ k to McGoldrick; Mrs. McGoldrick cart rung; I took it and went to the coal ; I remember Hilbut Flint, Gardner Clark and Richey were there; while I stood at the box some of them said, “Let's lay Donahue out.” [think it was Gibson; some’ one suggesied a song; they sang; [had not then mentioned Donahue’s name; I had ten or twelve drinks that night and was pretty well gone; Donahue came along: the boys all stopped singing moved; Donahue said—"Boys, you must go’ in if you want to sing;” Denvar said then—“Let's lay-him out;” 1 STRUCK DONAHUE then with a stick; I did not break it; T did not call him a s— —— 3 Tdid not say T'would kill him; Istruck him on the side ‘of the head: he fell; L drop} Picked “it up and struck ad; the second stick broke in three 1 had no intention to kill Donahue, but only to lay him out a little; rd other blows, as of bottles, after the stick broke; I saw Richoy strike him with a bottle; the hotties were filled; Richey struck him on the head as he lay on the ground Taaw Gibson kick him; Flint ran toward him with a ithe stone strack the sidewalk; it was a good sized id not suppose then that THK OFFICER WAS KILLED; they all started and ran; went down to Tenth street and then Grand street, near Fifth street; wagon passed me drawn by policemen and citizens; it went do Station house: [ assisted in taking Doualue « waxon; I stood there about ten minutes: 1 went 4 snort time atterward I was arrested; I have testifled to all the facts of that occurrence ; [learned of the officer's death on Thursday; I did not think he was going to die ‘when he was taken into the station house, District Attorney Britton subjected the prisoner to a rigid cross-examination and elicited the fol- lowing :— ‘The stick T first took from McGoldrick was a hea: stick; Thad no purpose but to cob the boys: { had cob the boys before with a flat plece of board; I took this for the same purpose; there were boys around there that misht; I did not cob any of them; Igot talking to Denvar and that diverted me; there about fifteen minutes iece: ston stone S Bi J 8 3 3 iS 5 Zz 3 3 3 5 a the singing must stop; Denvar was urging me to lay Donahue out; I had no ideaot using the stick on Donahue ; Ihad the intention betore he came Vy ke! laying him out, about fifteen minutes before; I did it because Denvar urged me to, through the liquor in my head; I cannot measure how much I was going to hurt him, but I did not intend to kill him, only to lay him out; I was DY TO LAY OUT MY FRIEND because I was advised to do it by Denvar; I was friendly to policemen; all the Battle Row gamg were not; when I knocked him down I dropped the club; I thought that ‘was enough; Denvar picked it up and used it on. him; I did not interfore, he picked up the club so quick ; might have interfered if 1 had seen fit lo 30; I did not think Denvar would kill him; Richey ‘afterwaras struck Donahue with bottles; not intertere; I sup- xe that was only to hurt him a little; I did not look at im to see if he was burt; Iran away, neither very slow nor very fast; I n’tsodrunk I couldn’t run; I went down to the station house and carried Donahue in. The evidence on both sides was then closed, and Mr. Davis addressed the jury on behalf of the pris- oner, claiming that at most Rogers could be con- victed of manslaughter in the second or third de- Mr. Britton summed up for the people, and in the course of his remarks said :— Since the Legislature had Passed the act allowing a man indicted for murder to testify in such spectacle has been afforded as his own behalt no spe has in this court room to-day. been. witnessed Such a story aviiad been re- lated by the prisoner revealed the lowest, most OUTING PHASES OF Lar tm 4 i iT ities, A police officer, a nobl yeartod ‘man, © id faithful in’ the a large- hearted man, efficient and ischarge of his duty, in the middle of the night meets his death at the hands of a rufian prowler about low drinking sa- loons, who had for fitteen minutes before premeditated the attack. The man pretends here to have been his friend. In the annals of jurisprudence no narration from & mau’s own lips of his own brutality can be found to compare with that of this man Rogers. claims that other blows were struck besides that which he inflicted. Where is the evidence of itt There is none, His own statement is not evidence. Judge Gitbert, in charging the jury, said that in his opinion the marder was an unprovoked and atrocious one, and the oniy question for them was todetermine by whose hands {t was committed. They must determine the case solely on the testi- mony. The jury retired about one o'clock, and as one, two and tl hours passed the spectators in the court room began to think that they would be un- able to agree upon a verdict. The jury sent for and were proviaed with dinner, and having dis- osed of this, at four o'clock they sent word that hey were ready to render their verdict. They were brought into Court and their names were called by the Clerk, Mr, rard M. Stevens. Rogers glanced at them, and for the first time appeared a little uneasy. His face grew paler, and he struggled inwardly to control himself, He an e pallor which overspread his coun- tenance vanished in a moment, and he regained his wonted composure, Several the room were heard to remark, “What @ nerve that man has got!” The Clerk inquired ot the jury whether they had upon a verdict, when their foreman replied ; at they had—that they found the prisoner at the par GUILTY OF MURDER IN THE FIRST DEGREE! uae announcement had no perceptible effect upon ers. istrict Attorney Britton—It now becomes my duty, it the Court please, to move for sentence in 8 case. The Clerk, Mr. Stevens, then called the prisoner to the bar. Rogers left his seat beside his counsel and coolly waiked forward in front of the Judges, when he 8 1d and gazed directly st the Clerk. He betrayed no emotion whatever. Clerk Stevens then adressed him:— ¥ for the crime of murder Tn tye Rest dogtecs ogrec dat you leaded not guilty to such indictment; you his jan tried by [uty oF Yor oouaecy eens WaE have feaed ‘ou guilty of murder in anyelfing have you to aay why the pentonce of the Court should not be pronounced upon yout Rogers made no reply, but stood at the bench with a vacant stare, A silence a vailed in the court room for @ minute when nltage Gilbert suddenly of the prisoner looking up—Twen! Telge hitvorte uerried + ee ae sir, Judge Rat yer relatives in this country? ORTH RESULT OP A WICKED. CAREER, Judge Gtlbers, ‘sentence, addressed 0 prisoner as follows :— . Fi Ai op a ce i letilges a Raber of prepare for y yourself of that opportu nd turn yo! Aorta cnastectettn ondee that yon ee ee ne fate which inevitably awaits you. The sentence of Court is that you be confined in the common jail of county until Rriaay, the 6th day of December next, thet on that aay, palwede, Se hours of nine o'clock im the mon hanged by the neck until you are dead. yon ht Rogers, who stood looking down at the reporters during the remarks of Judge Gilbert, moved not a muscle at the announcement of the sentence. He was motioned back to his seat and subsequent taken in charge by Sergeant George Rogers’ rd cers, by whom he was taken to jail. The crowd im the court room dispersed as soon a4 sentence was passed, and assembied in the corridors and in trong of the Court House to catch a glimpse of the prisoner as he was taken out by the officers. - Counsellor Davis consulted with Judge Gilbert a moment and then informed the rapronentewers ae the HBRALD that as 300n as he could prepare him- selfhe intended to apply for a writ of error and stay of proceedings, so that the case could be greet befure the General Term of the Supreme Jourt. ‘This was the first conviction for murder in the first degree since that of Owen Hand for. kil O'Donnell in the South Brooklyn gas house sever years since, PROSPECT PARK FAIR “GROUNDS, Wind-Up. of the Fall Trot ting Meeting. The Postponed ‘Free-For-All Purse” at Last Decided—Gazelle the Winner—An Interesting Fifth Heat. The postponed “free-for-all purse” at the Prom pect Park Fair Grounds on Monday evening wae decided yesterday morning. It will be remem- bered that darkness prevented its being finished, and at the time Joseph Harker's bay mare Gazelle had won two heats, William H, Humphrey's chest- nut gelding, Judge Fullerton, one heat, and that these two very speedy trotters had made a “dead heat.” The race tor weeks had excited muot Speculation and great interest, there probably be- ing more money in the pool box on the event tham had ever before been for many years thus invested. Eleven o'clock was an early hour to renew the contest, but long before that time there were four or five hundred people at the course anxious fer@ decision, The majority of these were those who had large sums pending, and they Wished to know what would be their fate, The judges, Messrs. Simeon Hoagland, Nicholas Van Brunt and Major Morton, were on the stand amd rang the bella quarter of an hour before the time of starting, and the contestants promptly obeyed the summons. Gazelle was still the favorite, and a Yew. pools were sold at moderate sums. The owners of both her and Fullerton were on the track or club house grounds, and it will not be amiss te say that they seemed very anxious as to the result, though Mr. Humphreys was the more demonstra- tive and appeared to believe his magnificent geld- ing invincible. Gazelle won the fifth heat, thus parla es race and winding up the Fall meeting at the spect Park Fair Grounds. The following are the details of the heat and the complete sum- mary :— Fifth Hea.—Fullerton was first on the track, then came Palmer, Gazelle, and Rosalind last, They got away on very even terms at the third attempt, but fifty yards from the judges’ stand Fullerton left his feet badly, and before he could be caught had taken third place. On the turn Gazelle and Palmer were head and head, rattling along at a terriie pace, two lengths in advance of Fullerton, who wag one length ahead of Rosalind. At the quarter yates in thirty-five and a quarter seconds, Palmer drew ahead of Gazelle a neck, Resalind third, one length tn front of Fullerton, who had now become com- paratively steady. Cries of “Fullerton’s gonet” were heard uponevery side, Along the backstretch there was the most beautiful struggle betweem Palmer and Gazelle, who kept head and head for # long distance, but the pace was too hot for Palmer, and having shot belt, Gazelle dashed the half-mile pole in 1:11, one lei in advance of Palmer, who was five lengths in front of Fullerton, with Rosalind two lengths in the rear. Now Fullerton, urged by his driver, went for Palmer, and around the lower turn they had it neck and neck, when Palmer gradually gave up the struggle, and the horses passed the three-quarter ole with Gazelle at the post of honor by two lengths, Fullerton second, four lengths in advance of Palmer, who was eight iengths ahead of Rosa- lind. From this point Fullerton made the greatest effort, in response to his driver, to catch the leader, but it was unavailing, as Gazelle gradually opened the gap, and, coming along in handsome style, passed under the wire winner of the heat by four lengths; Fullerton was one length in advanee of Palmer, who broke on the stretch, and ten lengths in the rear. Time, 2:235;, And so ended one of the most determinedly contested races of the season, SUMMARY. PROSPECT PARK Fak GRouNDS, L. L, Oct. 21 and 22, 1872—Purse $4,000; free for all, barring Ameri- can Girl; $1,700 to first, $1,100 to secon 700 te third and $500 to fourth horse; mile heats, best three in five, in harness. Judges—Simeon land, Nicholas Van Brunt and Major Morton, Joseph Harker’s b. m. Gazelle (John Lovett) .. w-1l1L0421 W. H. Humphrey's ch. g. Judge Fuller- n (Benjamin Mace) ~22088 Erastus Corning’s br. g. George Pal- mer (Dan Mace)...........-.++ 88328 H.N. Smitn’s b. m. Rosalind (W. H. Doble)........- 444836 Jokn Merrill's bik. g. Camors, dr, TIME. Quarter, Mile, . 3 2:233¢ 346 2:21 Bay 2:22 we rtrd 2:98 « Bh 2:23 HALL’S DRIVING PARK. First Day of the October Trotting Meet« ing—S: Pateh the Winner of thé Three Minute Purse and Fred the 2:29 Parse. ‘The first day of the October trotting meeting at Hail’s Driving Park, on the Coney Island road, was @ success. A short time since the track became enrolled on the books of the National Association, and it now bids fair to become a prosperous under- taking, The events on the card were two—a purse of $125 tor three-minute horses and a purse of $500 for horses that had never beaten 2:29, The following are the summaries of the day’s pro- gramme :— HALL's DRIVING PARK, LONG ISLAND, OCTOBER 22, 1872.—FiRst DAY OF THE OCTOBER MEETING AND THE First UNDER THE NATIONAL ASSOCLATION.— Purse $125, for horses that had never beaten three minute: 75 to first, $35 to second and $16 to the third horse; mile heats, best three in five, in har- ness. Judges—Isaac Harvey, Johm Cooney and An- drew L, Kodgers. D. B, Go's b. g. F. Herrington’s b. m. Tops; P, Manee’s br. s. Captain “4 1 240 Fourth heat 4356 1 2352 h “4 1:26 26236 Same Day. Race—Purse Se. for horses that never beat 2:29; $300 to first, $160 to second and $60 to the third horse; mile heats, best three in five, in harness. . tit W. H ‘8 362 Ewin ii John Mui "S gr. 26 Dan Pater's ch. i. race Be 645 Peter Manee’s b. m. dis, Mile, 2:81 2:31 2:33 230 ‘The prosperous Church of St. Pius in East Newark, of which Rev. Father McGahan ts pastor, witnessed @ remarkable scene recenfly. A large congrega- i Jo ty of perwons who tion was present. In response to from sar ea aoe | Gite earon ree let eeeRh:, ea eaagee are Sasequences | Newark to lear Father Burke leture teaches which 708. ve, & large number rose to their teet and'ssla, been ea. ene “4 took the “in the de. ” Dave name of God.” A was then ana ido, have! found you | the Father'a deaite Wik be Sarciag Gut ia