The New York Herald Newspaper, December 10, 1872, Page 5

THE COURTS. THE JUMEL ESTATE LITIGATION. The Great Cause Celebre Reopened— The Suit of Bowen Against Chase— Swearing of a Special Jury— Opening Statement of Coun- sel for the Plaintiff THE PHELPS-DODGE-NELSON CASE. ‘MMeged Burglarious Entry of Phelps, Dodge & Co’s Office---A Rival Iron Merchant Indieted and Put Upon Trial---How the Business “Secrets” of the Firm Were Obtained---In- teresting Developments. - — THE QUINN-STAMFORD HOMICIDE History of the Case—Testimony of the Principal Witnesses—The Defence— The Verdict and Sentence—Fif- teen Years in the State Prison, MORE MANDAMUSES AGAINST THE CITY. The Comptroller and the Boasds of Audit and Apportionment Man- damused—The Cause of Action— The Opinion of the Court. THE WALLKILL BANK DEFALCATICN. —_—— What Are Banking Dummies—Tweed’s Obecks Paid Out by the Accused— Testimony for the Prosecution—The Gaze Adjourned for a Week. eens BUSINESS IN THE OTHER COURTS. Summaries—The King-O’Neil Shooting Case— The Thomas Farrer Homicide—Convictions and Sentences in the Court of Oyer é and Terminer—Legal Responsibilities "i of Married Women—Decisions, In the Court of Oyer and Terminer yesterday, Zudge Ingraham presiding, Arthur Quinn, indicted for the murder of Martin Stamford, by stabbing Bim with a knife, on the 18th of August last, was found guilty of murder in the second degree and ‘was sentenced to the State Prison at hard labor for fifteen years, in the of Patrick Levy, charged with the. murder of his wife, Mary Levy, the trial was post- poned, at the suggestion of the District Attorney, 4m order that an examination may he had as to the state of the prisoner’s mind, that officer being of opinion that Levy was insane at the time of the commission of the offence. Other criminal cases were disposed of at Oyer and Terminer, which will be found briefy reported $m another column. The case of the people against Abram Nelson, an fron merchant, charged with burgiariously enter- ing the oflice of Phelps, Dodge & Co., was yesterday on trial in the General Sessions. The circum- stances attending the first discovery of the alleged offence created considerable interest at the time 1n business circles, inasmuch as the object was sup- posed to be to obtain the business secrets of the ‘firm of Phelps, Dodge & Co., and to enable the firm 4n which Nelson was a partner to take advantage of the same in their business. The trial, which will be resumed this morning, will be found reported ‘delow. More mandamuses are the order of the day. Judge Barrett, sitting in Supreme Court, Cham- ers, yesterday granted two—one against the Comptroller directing payment to Michael Clune, one of the Supreme Court officers, of a month's salary, and the other against the Board of Audit and Apportionment, directing it to audit and allow the claim of the Oficial Raitway News tor $24,000 | Jor city and county advertising. Two of our newly-elected judges were yesterday Sworn into office by Chief Justice Ingraham, of the Supreme Court—Hooper C. Van Vorst, the newly elected Judge of the Superior Court, and ex-Judge Sutherland, the City Judge elect. Judge Van Vorst entered on his duties yesterday, pursuant to the appointment of Governor Hoffman, assigning him to fill the vacancy for the residue of the year cansed bythe death of Judge McCunn, Judge Sutherland will not, of course, enter upon the dis- charge of nis judicial duties until alter the Ist of January. - Averdict for $3,749 12 was yesterday rendered in the Court of Common Pleas, before Judge J. F. Daly, against Mme. Demorest. She became surety for her husband for rent, which, not being paid, the present suit was brought, resulting in the ver- dict stated. In the United States Commissioners’ Court yes- terday, before Commissioner Osborn, the exami- nation of witnesses was commenced in the case of ex-Senator William M. Graham, who is charged with having embezzled $100,000 from the Wallkill National Bank, of Middletown, N. Y., of which he had been president. Some testimony naving been @iven the further hearing of the case was ad- fourned for a week. The case of George Washington Bowen vs. Nelson Chase was commenced in the United States Circuit Court yesterday before Judge Shipman and a spe- cial jury. The suit is brought on an action of ejectment by the plaintitl to recover from the de- fendant a large tract of land situated at Fort ‘Washington. Bowen alleges that he is the ille- gitimate son of the late Madame Jumel, and that, under the law of the State of New York, Passed in 1855, he is entitled to inherit this prop- erty. The defendant denies the claim of the plain- im After the jury had been sworn and the open- {ng statement made for the plaintiff the Court ad- journed till this morning. Olin Christianson, Charles Petersen and William Radvisch, who had been arrested on Saturday as Geserters from the American vessel Harry Lan- dels, were discharged from custody yesterday by Commissioner Shieids, as they have consented to feturn to the ship. George Koppn and Charles Peterson, who had been sentenced each to pay a fine of $50, or im- prisonment for six months, for violating the ship- ping law by boarding a vessel without the permis- mission of the master before she had arrived at her place of Gnai destination in the harbor of New York, were discharged yesterday, having paid the One, THE JUMEL PROPERTY CASE. merece The § of Bowen vs. Chase—Swearing . of the Jury—OUpening Statement for the Plaintif—Two Irish Members of the English Parliament as Spectators in Coart, Yesterday the case of George Washington Bowen vs. Nelson Chase was commenced in the United Phates Circuit Cow't before Judge Stipman and @ NEW YORK HERALD, TUESDAY, DECEMBER 10, 1872—TRIPLE SHEET. special jury, 3¢ ts wnnecessary to say that this case has been tried two or three umes, the jury each time failing to arrive at a verdict, The suit is brought by the plaintif, asthe alleged illegiti- mate son of the late Madame Jumel, on an action of ejectment to recover from the defendant a large tract of property situate in the neighborhood of ¥ort Washington, the value of which has been vari- ously estimated at sums ranging Irem one million to four millions of dollars, ‘The court room was pretty much crowded, but those who were present consisted ,for the greater part, of the jurors summoned, the lawyers on both sides, the witnesses, the officials of the Court and the representatives of the public journals, Among the spectators were The O’Conor Don, M. P., member of the British Parliament for the county of Roscommon, Ireland, and his brother, Denis M. ©’Conor, member of the British Par- hament for the county Sligo, Ireland, The O’Conor Don is the head of the O’Conor family and is re- lated to Mr, Charles O’Conor, the distinguished jawyer. Mr, Charles O’Conor and Mr. J. ©. Carter ap- peared as counsel for the defendant, and Mr. Hoar, of Massachusetts, ex-Attorney General of the United States; General Chatfield and Mr. Chauncey Shafier are counsel for the plaintiff. The names of the jurors having been called twice and seventeen or eighteen having answered, the Judge said that Mr. J. W, Hartman, one of those summoned, was confined to his house sick, He was, therefore, excused. Two or three gentle- men wanted to be excused, but he would not e: cuse them until the jury was drawn; they ha enough of jurors without them, One juror was ab- sent in Chicago. (Addressing counsel at both sides.) Are you ready to empanel the jury gentle- men? Mr. Chatfleld—The statute says that we are to proceed with the jurors who appear, SWEARING THE JURY. The first juror called to the book was Jonn E, Riston, In reply to Mr. Chatfleld he said he had formed no, opinion on the case; he read in the newspapers very little about it; he remembered nothing that he had read in the papers about the Jast trial; he had not employed any of the gentle- men who appeared in this case as counsel, and he had no interest in the Mutual Life Insurance Com- pany; & gentleman spoke to him to make inquiries as to whether he bad ever employed any of the counsel in this case, but he did not know who that gentieman was, Mr. Riston was sworn. Thomas Denny, Jr., on being called said, in reply to counsel, that he had read about the case; he bad formed an opinion on it that would take evi- dence to remove. Mr. O’Conor said there was a good deal of trouble about the matter. He never understood this thing of forming an opinion from reading a remark in the newspapers would be reason for excluding the juror unless the juror had formed and expressed a ‘decided opinion. Witness, in reply to Mr. O’Conor, said he had on several occasions expressed a decided opinion about the case. Tle juror was ordered to stand aside. John Abenbroth, another juror, was called. He said he had read about the case when it was tried. He had not read enough about it to form an opin- ion. He hadbeen approached by some person to make inquiries if he had had any relation with the counsel on either side. He was not a stockholder in the Mutual Life In- surance Company. He was insured in it; he once had a loan in that company, but paid it off. Being cross-examined, he said that he did not know the person who came to him to make the in- quiries, That person mentioned Mr. O’Conor’s name and the name aiso of Mr. Chatfield. He (juror) told him he bad no relations witn them. The juror was sworn, Edward 8. Jaffray had expressed no opinion on the case, and had employed none of the counsel on elther side in this case at any time. Sworn. © Henry Bowers had formed no opinion on the case one way or other, and had never employed any of the counsel on either side, Was not approached by any person as to the merits of this case. was sworn, John Romer had read of the case; had expressed @ sligLt opinion as to Nelson Chase, He thought he had an opinion that would require evidence to remove. In cross-examination he said he had read some account of the case in the papers, but he had had no conversation with any of the par- ties jp the suit, but was interrogated by a person inea knew or fad had relations ith either of the counsel in the case. The opinion he had formed on reading the report of the casein the paper was not a fixed opinion, and he believed he could render a verdict according to the evidence. The juror was sworn. ‘ Union Adams had, he said, ‘formed a decided opinion upon the case, and he believea. he would, ifon ETD be influenced by that opinion, He had read the evidence from Gay to day, a large portion of it. ‘The juror ws ordered \jo stand aside. Edward Bogardus had formed no opinion about | the case; had never been approached by any one regarding Th and had formed no opinion as to its merits. The juror was sworn. Joseph F. Stone had formed no opinion about the case one way or the other, He had no interest in the Mutual Life Insurance Company and did no business with either of the counsel in the case. He was approached by a stranger who wanted “to in- terview” him about the case, Told him he would ive a verdict according to the evidence and bade him “good morning.’ Mr. Stone was sworn. Charlies A. Fellows bad heard of the case in a | general way; read about it m the daily papers, | but that did not leave any impression on his mind, He was approached by a stranger, who asked him those questions about the case that had been asked of the other gentlemen. Is not a stockholder in the Mutual Life Insurance Company and does not know that Mr. Chase is indebted to that company. Mr, Fellows was sworn. Charles H. Mouk had formed no opinion upon the case; was a borrower in the Mutual Life Insurance | Company; he did not know that Mr. Chase was a borrower in that company. James Dart had expressed no opinion about the case, but had formed a partial opinion in regard to it; he would act entirely on the evidence; did not know the lawyers in the case a8 to business rela- tions with them ; he tried to keep away !rom them, (Laughter.) Mr. Dart was sworn. JURORS SET ASIDE AND EXCUSED, Union Adams, Thomas Denny, Jr., Herman Grifin, William A, Hall, James P. Quackenboss, Hiram Raynor, John Sloan. JUROR TO SHOW CAUSE WHY HE SHOULD NOT BE FINED $2,000, The Court ordered James G. Shaw to show canse why he should not be find $2,000 for non-attend- ance after having been summoned, THE JURY. The following are the names of the jurors sworn to try this case:—John A. Riston, foreman; John | Abendorth, Charles Linear, Edward 8S. Jaffray, Henry Bowers, John Romer, Abraham Bogardus, Joseph F. Stone, David L, Suydam, Charles H. Fellows, Charles H. Mount, James Dart. Judge Shipman said that in this case the Court would sit from eleven o'clock to half-past three every day, with half an hour for recess, except on | Saturday, when the Court would not sit, and this | would give the jury an opportunity of attending to | their business ‘affairs. As the ventilation of this court is wretched, the Court would expect, while the right of the public to be present was un- doubted, that all those attending the trial would be seated, and those who could not find seats would be good enough to leave the court unless they had business in connection with the trial. OPENING STATEMENT OF COUNSEL FOR PLAINTIFF, Mr. Shaffer opened the case to the jury, stating that he was familiar with the facts, witch were somewhat complicated. He would abridge the statement as much as possible. They had put in the jury box an intelligent jury to try tne case. In the ‘last case there had been thirty-five working days, spread over several weeks, in Consequence of the illness of one of the jurors. ‘The suit was brought under a statute that marked an era in the legislation of this State. Counsel had never been able to agree as to the value of the property in question, and it never would be ascertained unless it was brought under the auction- eer’s hammer. But it was beyond doubt that the value had greatly increased. The value might be thousands or millions. It depended on them to find a verdict that would stand the just criticism of all coming time. The suit was brought under the siatute of 1855, which reversed the whole doctrine of the common law, The law was that an filegiti- mate son Was nobody, but it was an historical fact that LT ged or worst men that ever blessed or cul the earth were tilegitimate, even from the days of William the Conqueror down to the present. The statute of the State of New York passed April 18, 1865, declared that illegitimate children might inherit real and personal property | from their mother, not irom their iather, and the case was that the-plaintiif was the | illegitimate son of the late Madame Jumel. There was some evidence that could not be supplied on the last trial which would be | given now. The plainti prougne this action ag an action of ejectment, and Mr, se could only be regarded in the light of a trespasser. Mr. Chase had given different versions of his claim to the roperty. He claimed it through marriage with a faay related to Madame Jumel. But the plaintiff denied the claim of Mr. Chase, and satd that claim was not derived through bay ‘son who ever had a particle of the blood of Madame Jumel flowing through his or her veins, Who was Madame Jumel? She was brought up among immoral peo- ple, whose example was bad to female purity, Her early associations were bad. Her name, her real name, was Eliza Bowen, and her nickname was “Betsy Kowen.”’ She was born at Providence, and leit there at nineteen years of age, after navin; given birth to the plainuf, and after tha they heard of her next at New York. Her mother’s name was Phoebe Kelly, and it was a fact in the case that Phoebe Kelly lived and cohabited with John Bowen, a sailor, and the presumption was that there was no legal marriage between them. They never stood in the presence of a min- ister or a clergyman ty get married. There was no marriage between them, Marriage was honorable, thank God, and free love had not destroyed it, Madame Jume] was born f® 1775, and in a passport which she had taken out for France in 1859, about six years before her death, phe stated her age, showing that she was born in [775—one year before the grand old bell of Independence Hall calied the nation to action, Counsel then went on to detail thé circumstances of the case, #0 often revorted im our oululupe; and | The juror at the close of his address the Court adjourned till tus morning, THE PHELPS-DODGE-NELSON CASE. Alleged Burglarious Entry of Phelps, Dodge & Co.’s Office by an Iron Mer- chant—The Business “Secrets” of the Firm Obiained=The Case To Be Fin- ished To-Day. Yesterday in the Court of General Sessions, Re- corder Hackett presiding, the case ef Abram Nel- son, which was specially set down for trial, was moved by Assistant District Attorney Stewart. The charge against the defendant, who is the junior partner of the firm of Nelson & Son, iron mer- chants, is burglary and larceny, growing out of an alleged attempt on their part to obtain the busi- ness secrets of Phelps, Dodge & Co.'s by entering their premises in the night time. Judge Fullerton was associated with Assistant Dis- trict Attorney Stewart in conducting the prosecution, while the defendant was represented by ex-Recorder Smith and David Dudley Field, Jr. A full account of this case, it will be remembered, appeared in the HeraLp during the Summer, which created more than ordinary interest in busi- ness circles at the time. The court room was crowded by merchants and the friends ef the respective parties, and the utmost interest was manifested in the proceedings. : On motion of the District Attorney a noue prosequi was entered in the case of Erick P. Peter- son, who was jointly indicted with Nelson. Judge Fullerton opened the case at length, detail- ing the manner by which the correspondence and entries in the books of Phelps, Dodge & Co, were obtained by the defendant, which was by the con- nivance of a man named Peterson, the porter and Janitor of the building, William E, Dodge, Jr., testified that he was a member of the firm of Phelps, Dodge & Co., and enumerated the names that composed the firm, The next witness examined for the prosecution was Erick P. Peterson, who said he went into the employment of Phelps, Doage & Co. about three years ago, and remained with them up to the time of his arrest in June iast; he lived in the building with his wile and family; his business was to take care of the office and collect checks and «drafts; about a year after he went into the employment of the firm he became acquainted with Nelson, who traded with the Messrs, Dodge; on Saturday, the ist of June, the witness and Nelson were arrested as they were leaving the office of Phelps, Dodge & Co.; the defendant came there at half-past seven o’clock in the evening and remained till half-past. nine or ten o’clock; he walked in through the office door, which stood open; in the afternoon of that day Neison asked the witness for the privilege of pareig to the office, but he (Peterson) told him that he was opposed to his coming there any more, that Dodge & Co, nad suspicion that there was something wrong; Nelson said he wanted pare larly to get into the oftice that night, tor there was something important that he wanted to find out; the defendant came out of the United States Hotel and asked if all the clerks had leit; the witness informed him that they had all gone; Nelson came at half-past seven o’clock and said he wanted to see domestic and foreign letters and telegrams from St. Petersburg; he asked the witness to leave out of the safe in the afternoon the red-covered letter book, letters and telegrams, which Peterson did, placing them under the bookkeeper’s desk; Mr. Reed had charge of the key of the safe; a certain square box was placed near Mr. W. E, Dodge, Jr.’s, desk in the daytime, and usually it was put in the sale at night, the key of which was carried by Mr. Porter, the cashier. ‘The witness said he knew something of a false key being made for the box, but as it was in April the counsel objected to the evidence, and further, that the indictment did not allege the stealing of any articles in that box. Nothing was abstracted by the defendant only the information he obtained, which was not an indictable offence. Mr. Ful.erton said he had abundant authorities to show when the time came that Nelson was guilty of a “constructive” burglary. ‘The witness proceeded to testify that in the month of Apri] Nelson opened the box, which he (Peterson) had purposely left out of the safe, and got the letter books containing correspondence with St. Petersburg. ‘i on Motion of coynsel this evidence was stricken out. Peterson said he was arrested with Nelson and taken to the Beekman street station house. The withess was cross-examined rigidly by ex-Re- corder Smith. but nothing important was elicited, He said he was in the Tombs for four months, and was bailed out by Henry Leske, a friend of his, in the sum of $5,000; on the nigut of the arrest it was raining, and before I left the office I loaned a common umbrella to Nelson. A silk umbrella, which was mentioned in the» indictment, was shown to witness, who identified it as belonging to Wm. E, Dodge, Jr. Officer McLaughlin testified that he aided in ar- resting Nelson, who, after he was brought to the station house, searched him and found the silk umbrella shown to him in the leg of the defend- ant’s pantaloons, and the witness saw him take the bundle of blotting paper exhibited from be- tween his vest and shirt on the small of his back. An envelope containing certain papers was also | found in his coat pocket, which was excluded from | the testimony. Certain keys shown to the witness were also found, he said, upon Nelson's person; he had also a common Umbrella when he Was ar- rested. Arecess was taken, after which Mr. Peterson ‘Was recalled and said that he understood the cun- tents of the waste paper baskets were sold to the waste paper dealers, and that he sometimes sold waste paper. : Officer Nicholl, Thomas Fisher and Thomas Sampson also testitied to seeing a common um- brelia in the hand of the deiendant at the time of the arrest. William E. Dodge, Jr., was shown the silk um- breila in question, and identified it as his, stating that he paid $12 for it about a week before it was stolen, The witness was shown the package of blotting paper and envelopes which were taken from Neilson, and said that they were similar in size and texture to what their firm used, Cross-examined—Nelson having stolen a large quantity of stationery from the firm, and the blot- Ung paper having been taken from his pack, Mr. Dodge took it for granted that it was their prop- erty. He further stated that he recognized his (Mr. Dodge's) private letters which were found in the defendant's premises; the witness had no recollection of beta that he would send Nelson | to the State Prison, but probably said that he de- | served to be sent there; there was a civil order of arrest granted upon an affidavit by a member of the firm, and Nelson was held to bail in the sum of $100,000, which Was subsequently reduced to | $10,000; the complaint in the civil sult was that | Nelson had continuously stolen valuable informa- tion and used tt, involving great pecuniary loss to the firm of Phelps, Dodge & Co. Mr. Dodge said that he had had business transactions with Mr. Nelson aud met him ouce at the reoms of the Young Men's Christian Association, but frequently at their office, and that the firm of Phe'ps, Dodge & | Co. were large importers of tron and other metals, | Mr. Smith now proposed to read to the jay the affidavit ofa member of the firm upon which the civil order of arrest was granted, which set forth the fact that Nelson ee obtained valua- ble information from the firm at a great loss to them. His offer was made for the purpose of showing the animus of Mr. Dodge against the a cused. To save time His Honor the Recorder per mitted it to be read, Mr. Dodge, in reply to a question, said that the cipher telegrams received by their firm were trans- | lated and the translations were placed in the box | to which Nelson had access. Daniel W. James testified that the blotting paper | shown was similar to that which they used. Mr. Fullerton said he closed the case for the people. Mr. Field briefly opened the case for the defence, stating that the crime of which Mr. Nelson was pullty was “curiost' ‘ that knowing how success- ‘ul Dedge & Co. were in business he sought in- formation from Peterson in order to be equally successful, and that the alleged theft of the um- brella and blotting paper ought not to prejudice him in the eyes of the jury. It being past the usual hour of adjournment the Court adjourned till Tuesday morning. ‘The case will be concluded to-day, THE QUINN-STAMFORD HOMICIDE. ——_+—__— History of the Case—Testimony of the Principal Witnesses=The Defence=The | Verdict and Sentence. Arthur Quinn-was arraigned for the murder of Martin Stamford yesterday in the Court of Oyer and Terminer, Judge Ingraham presiding. The facts of the case have already appeared in the HERALD, but @ brief recapitulation will serve to bring the detatis of the murder to the memory of the public. It appeared that on the morning of the 19th of August the deceased and another man got scuiling together in consequence of a quarrel, when Quinn came behind deceased and stabbed him in the back, from which injury he ulti- mately died, although it was sought by the defence to prove that the death of deceased was caused irom a severe shock occasioned by his having been thrown off a street car, ‘ THE CASE FOR THE PROSECUTION. District Attorney Garvin having opened the case to tne jury, detailing the circumstances connected with the alleged murder, the first witness called was Sarah Stamford, who appeared in the witness box with a baby in her arms and dressed in deep mourning :—She deposed that she resided at 326 East Thirty-eighth street id was living there about the 18th of August last; she was married and her husband was Martin Stamford, who was twenty-six years of age; she knew arthur Quinn and had known him for the past eight or nine Yeurs; at shout quarter-past one o'clock on the morning of the 18th of August last sne was stand- ing at her door when she called to her husband; she was answered by one of Arthur Quinn’s friends, who said he was “coming,” and believing it was her husband who had spoken she said “if he was coming he had better come quick;” her husband then came down and asked the man “if he was Martin,” bat she did not know what reply was made; she after- wards saw her husband leaning over Quinn’s friend, and observed Quinn go behind him and do some- thing to her husband, and afterwards saw his sbirt covered with blood; Quinn then went up the street and returned to make another attempt on her husband, when he was arrested, and her hus- band was afterwards taken to Bellevue Hospital; he died four weeks after the occurrence, on the 19th of September, from the effects of a stab inthe back, In cross-examination by Mr. Howe, she denied that the deceased was addicted to drink; she did not Notice blood on the deceased’g sbirt until the pris- oner was in custody; the fight lasted about three minutes, but she could not say whether the de- ceasea struck either of the men, John Kelly, an officer of police of the Twenty- first precinct. deposed that he was present at the affray on the morning of the 18th August; he saw Stamiord there, and inquired of him What was the Matter, whep deceased replied that a man had been to his Mouse inquiring for his wife; he said that the State Prison bird whom he had assisted to get out of jail had put this job up for him; Quinn then ran up the street, and said, “I am the State Prison bird, you son of a b—h, and I'll settle you;” another officer, named Gill, caught hold of the prisoner by the back of the neck and took him to the station house; while he was on bis way there Stamford came up and said he was stabbed; a crowd began to gather, when deceased walked away with him and followed the prisoner toward the station, wien prisoner took a knife out of his Pocket and threw it away, and although search was afterward made for it it could not be jound, In cross-examination he said the prisoner threw away something which looked like a knife, but he ‘would not swear positively that it was one. John Gall, an officer of police, deposed that he Was present on the occasion; he corroborated the last witness’ evidence and said that while Quinn was on hig way to the station house he remarked that Stamford “might swell;” he saw him throw a knife away, but it could not be found afterwards; deceased was bleeding before he laid hold of the prisoner, but he could not swear that deceased was bleeding when he first saw him; he saw pri- soner make a dive at deceased with his hand clenched and the prisoner at the time was stand- ing alongside of deceased; he struck him with his leit hand and it was with the same hand that he threw the knife away. James Cunningham deposed that he was present during a part of the aflray; he asked Stamfora what was the matter, when he showed him the place where he had been stabbed; there was blood issuing from the wound, Dr. W. B. Boll proved that the deceased was ad- mitted to Bellevue Hospital on the 18th of August; he saw deceased the morning after he was admit- ted ana dressed his wound; deceased died on the 20th of September; the wound was just beiow the hip and was a clean cut wound; deceased was granted a@ pass from the hospital by the house surgeon, and was gone two or three days, but atterwards returned and died on the 20th; the cause of death was the bursting of an abscess which had formed and which had been created by the wound; on the post-mortem examination the only external mark of violence was a wound which extended for three inches; tne wound had a healthy appearance, but on probing it he found an abscess had formed under the wound, ana death resulted from its having burst into the cavity. Cross-examined by Mr. Howe—Dr. Dunning was the house surgeon who first treated the deceased; he was discharged as being convalescent by the house surgeon some days belore his death; the wound at that time looked healthy; he did not sce him when he came back to the hospital, but be- lieved he was then suffering from the effects of a severe shock. Mr. Howe inquired whether the fact of his being thrown from a car by a conductor would not bea sufMicient shock, in consideration of the presence of the abscess, to cause his death? District Attorney Garvin objected to the mode of pressing the question, which was also held by His lonor to be improper, Cross examination continued—The day he left the hospital on @ pass he was epperendy. convales- cent; it was impossible to say il the deceased had Temalned in the hospital whether he would have di ied. Mr. Howe briefly addressed the jury. He said it would have afforded him great pleasure had the District Attorney presented the case to them in its true character, beeause he would not then have had to address them. Tne District Attorney had not produced before them the whole of this case. It devolved upon him to do so, and without entering into the merits or defence of the case he would pro- duce such testimony” ag “would satisfy them that another pergom'than the accused was responsible for the death of the deceased, and if he proved that, which he would do by the witnesses for the prose: cution, then they could not hold the prisoner guilty of the crime charged against him. TESTIMONY FOR THE DEFENCE. Patrick McGinlay, a nence officer, deposed that he saw the deceased on the 18th September, when he complained that he had been thrown fr a car by the conductor, He arrested the cc ductor and took him to the station, after which he was charged in the police court and admitied to bail for $300, Alexander Williams, a captain of police, received the deceased at the station house, when he went to make complaint against the conductor, and had it sent to the Police Court to be heard, Patrick Stokes, a car driver, deposed that on the 18th September he saw the deceased on the corner of Twenty-eighth street; he ran for his car and jumped upon the step in front, on the right hand side, and said he ought to have stopped for him; he commenced to ta!k very ugly, when he called the conductor and requested him to move the deceased inside the car; the conductor moved him accerdingly, when deceased commenced swearing at him and got exceedingly abusive; wit- ness stopped the car and told the conductor fo re- | move the deceased to the other end of the car; the conductor tried to get him off the car altogether, when the deceased fell into the road upon his hands; he ran, however, from Twenty-ninth street | to Thirty-fifth street after the tall; deceased must have missed his footing, and was in liquor at the time, 7 Stephen Root, who was in the car, proved that the prisoner had been drinking, and corroborated the above witness’ testimony with regard to the conduct of deceased and the manner of his being ejected by the conductor ; deceased had also refused to pay his fare; he denied that the conductor pushed the deceased off the car, but he fell off the step in the scuitie. Dr. Boll, having been recaiied, said it was his opinion that the abscess was caused by the stabbed wound, which was in itself sufficiently dangerous | to cause death, but it was probable that death had actually been caused by the shock of the violeuce caused by his being thrown off the car. THB CHARGE, THE VERDICT AND THE SENTENCE. His Honor bflefy summed up the case to the jary, detailing the circumstanccs of the stabbing and of the manner in which deceased was ejected from the car. The indictment was for murder, and there was evidence to show that the deceased was stabbed by the prisoner, and concluded his argu- ment by saying that it was either a case of murder or nothing at all. The jury retired, and after an absence of about an hour ‘returned into Court with a verdict of ‘Murder in the second degree.” His Honor, in passing sentence upon the prisoner, said it was @ melancholy thing that another in- stance should be added to the numerous murders which were being committed of late by young men, It was not his first offence, although it was one of a | much graver character, and the sentence of the Court was that he be confined to State Prison for filteen years, MANDAMUS AGAINST THE COMP- TROLLER AND BOARD OF AUDIT. Two Mandamuses: One Against the Comptroller and One Against the Board of Audit and Apportionment— Opinion of the Court. There seems to be no cessation in the food of Mandamuses against the Comptroller and Board og Audit and Apportionment; but, on the contrary, “the cry is, still they come!’ Judge Barrett, of the Supreme Court, who thus far has done the largest amount of business in this line, added yesterday two more to his list, SALARY OF A COURT OFFICER. First in order was an application for a manda- mus againet the Comptroller on behalf of Michael Clune, an oMicer of the Supreme Court, directing payment to him of a month's salary for such ser- vices. Mr. Samuel G. Courtney, who made the ap- plication, read an afidavit of Mr. Clune setting forth his appointment, his discharge of the duties appertaining to such an appointment, his applica- tion to.the Comptroller jor his pay and the latter's rejusal to pay him. The defence was that he had not performed the services. Judge Barrett held that the defence was not tenable and ordered a Mandanms to issue directing the Comptroller to pay the claim, A CITY ADVERTISING BILL. ‘The second application for a mandamus was on behalf of the ial Railway News, ‘this was asked for against the Board of Audit and Appor- tonment, directing it to audit and allow its claim for $34,000 for city and county advertising. The items OL the Dill, it was alleged, had been thor- gue examined by Mr, Purdy, a Clerk of the Board, and pronounced all right, and there was no Teason, it was urged, why the same should not be audited and allowed by the Board. — Mr. Strahan, on behalf of the Board, strenuously insisted that the claim was an illegal one. He said that this re had never been properly authorized to pub- lish the city and county advertising, and therefore had no just demand upon the city for pay. He added that out of $901,000 advertising claims pre- sented against the city the Board had only allowed $425,000, After further extended remarks, in which the old line of argument was employe both sides ag in previous pimilar applications, Judge Barrett said he considered it his duty to grant the mandamus, and did so. THE WALLKILL BANK DEFALCA- TION. The Charge of Embezzlement Against Ex-Senator William M. Graham— What Are “Banking Dummies !”’—The Defendant Paying Out Tweed’s Cheeks. Yesterday Commissioner Osborn commenced to take testimony in the case of the United States vs, Ex-Senator Wiiliam M. Graham, who is charged with having, while acting as Presideat of the Wall- kill Nationa) Bank of Middletown, N. Y., embezzled $100,000, the preperty of the stockholders of that institution, A large number of the directors of the bank were present. Mr. Charles G, Dill appeared on behaifof the bank, Mr. Purdy for the govern- ment and Mr. Charles 8, Spencer for the prisoner, TESTIMONY FOR THE PROSECUTION. Mr. Schlosser, Teller of the Wallkill Bank, was the first witness :—He was shown a paper, which he declared to be a banking ‘dummy,’ represent- ing a note which had been left at their office dur- ing the month of October for collection by Mr. Brown, of Brown & Beardsley, the owner of the note; Mr. Graham asked the witness to mark on the collection book ‘discounted.’? On cross-ex- amination the witness gaid he was not aware there was any wrong inthe transaction; it was nothing unusual to have “dummies.” Dr. David C. Winfield, one of the directors of the bank, testified that the bank stopped or suspended on the 26th of November; a meeting of the directors was held last Wednesday week; they sent for Mr. Graham; witness said ‘to him that Mr, Madden had beep told by Horton, the Cashier, that Mr. Graham was a ‘delaulter to the amount of $50,000; witness asked Mr. Graham if that was true; he said he did not want to answer that ques- tion until Hortop eame back; we asked him what he did with the bonds and money which he had drawn from the bank in New York the day before— either from the Park Bank or from the First Na- tional Bank, with both of which the Wallkill Bank was in the habit of transacting business; Mr. Gra- ham said he had drawn $9,000, and had apphed $8,000 to redeeming some bonds which, he stated, belonged to his father-in-law, and had given the bonds to him; when asked for the $1.000 he said he had it at his house; he went there, got it and gave it up, unwillingly, as the witness thought; when he was asked how he got the money to redeem the bonds Mr. Graham said he took down some drafts and the rest they had in bank, Witness subsequently had a conversation privately with Mr. Graham, who admitted to him that he had privately used at one time a large amount of the funds of the bank; that he had paid the bank back with a check of William M. Tweed’s for $25,000, aud with another check for $20,000 and $7,000 in money, Witness did net know that by authority of the directors $40,000 and $10,000 were borrowed fiom Mr. Denton and about $40,000 from the Park Bank, 80 that you could “retire” a certain amount; did not Know that the law required the cashier to make a certified statement every year; the bank directors met but once a year. In the course of the investigation Mr. Spencer, counsel for the accused, several times stated that the charge against Mr. Graham was not specitic; that it merely embraced the broad and general language of the statute, and that the affidavit charging the offence was indefinite, The Commissioner ruled that in order to main- tain the charge it must be proved that there was a defalcation, that the defendant was connected with that defalcation, and that the body of the oifence must be proved. Mr. Spencer replied that that was exactly what he wanted, They should find out how far Mr. Graham was responsible, so that they might have something definite to answer. ‘The further hearing of the case was adjourned for @ week. BUSINESS IN THE OTHER COURTS. COURT OF OYER AND TERMINER. The King-O’Neill Murder Case’ In the case of the People vs. James C. Judge Beach applied to the Court for time in orde! to enable him to make the necessary preparations for the defence. He had no desire to delay the matter, but was really unprepared to proceed therein, é District Attorney Garvin said the witnesses for the prosecution were ready, and as the case was one of importance to the public he was anxious that it shoulu be proceeded with, and asked that some specific day be fixed for the hearing of the case, next month, but it was desired by the prose- cution to dispose of the trial at once, Judge Ingraliam said the custom had grown up to postpone these cases unnecessarily, and justice demanded that more speedy trials snouid be made in such important matters; and in a case like this, | where the witnesses could be obtained, no delay further than was actually necessary should be pe:- mitted, If nothing was shown by affidavit that witnesses were wanting he did not think he could grant the postponement; but the matter must rest where it was until the defence had shown just cause for delay, after which he would consider the application, The Thomas Farrer Homicide. Mr. Howe, counse) for the prisoner, suid his client had been incarcerated in the City Prison since the 1sth day of September last upon an indictment by the Grand Jury of the Court of General Sessions for homicide. The defendant was ready and anxious for trial; but through the death of the principal witness the prosecution had been unable to proceed before with the case. He ap- plied that the bal, which had been fixed at $5,000, | should be reduced or the prisoner discharged upon | his own recognizance, * District Attorney Garvin replied that he should be prepared in a day or two with the necessary evidence, when His Honor denied the application. Convictions and Sentences. John Shea and Peter Donelly were arraigned and pleaded guilty to a charge of burglary in the third degree, and were both sentenced to imprisonment with hard labor in the State Prison for two years and six months, John Thompson, charged with the larceny of a wig, pleaded guilty to an attempt at larceny, and ‘was sentenced to imprisonment with hard labor in the State Prison lor two years and s1X months, | Frederick Filitzeki was indicted for un assauit with intent to kill, but under all the circumstances of the case the District Attorney consented to take a plea of assault with intent to do grievous bodily harm. ‘The complainant, a young woman of prepossess- ing appearance, was in Court and stated that the | prisoner shot at her, the ball entering ber body three inches below the heart. Mr. Howe explained that it was a case of love | and liquor, The prisoner had been in love with the young woman, and, finding she did not return his affections, in a drunken fit of irenzy the prisoner fired @ pistol at her, It was a case of emotional insanity. ‘The prisoner pleaded guilty, and was sentenced to imprisonment with hard labor in the State Prison for three years and six months, Catharine McGuire, indicted for the manslaughter of Stephen Quali on the 18th of September last by striking bim with a brick, pleaded guilty, and Mr. Howe, in calling the attention of the Court to the cage, with a view to a mitigation of sentence, said the unfortunate occurrence was caused through a lot of boys, who were teasing her, wien she took up the brick and threw it at them, not intending to injure any one, and that the prisoner was deeply sorry for having unintentionally taken the life of @ fellow creature, The prisoner, who appeared in Court with a child in her arms and in tears, was sentenced to one year’s imprisonment in the Prison. Timothy Landers and Garret Landers were in- dicted for murder in the first degree of Joseph Burnett by cutting im with @ pair of scissors, Prisoners withdrew their plea of not guilty of mur- der in the first degree and pleaded guilty wa charge of manslaughter in the third degree. Mr. Howe, who appeared for the prisoners, stated the circumstances of the case and said the de- ceased attacked one of the prisoners and fell upon him, and his brother (Timothy), fearing he would be killed, stabbed the deceased with a pair o! vailors’ scissors, through which he died. His Honor, in sentencing the prisoners, said the offence had been committed under previous threats, and committed them each to imprisonment in the State Prison for two years and six months, COURT OF COMMON PLEAS, of Married Wo- Non-Payment of Rent and Verdict Againet Her. Before Judge Joseph M. Daly. In 1867 Wilitam Jennings Demorest took a lease for tine years of the house No, 27 East Fourteenth street. By the conditions of the lease he was to pay $5,000 a year for the first two years, $6,000 a year for the next two years and $8,000 a year for the remainder of the term. A further stipulation was that Mr. Demorest should pay the taxes, Mme, Demorest became surety for the rent. 1! house belonged to the Burgoyne estate and leased {rom the executors, Time passed on Mr. Demorest, as claimed, fell into arrears as to the payment ‘of the rent and also neglected to P the taxes. Meantime, as stated on his Tide he gave notice of his inability to fulfil the re- quirements of his lease, and assignea the same to a third party. The arrearages, as alleged, amounted to $3,226 12, and as Mme. Demorest would not make the deficit good suit was instituted against ber to recover the amount. The trial of the suit was begun several days since, in the Court of Common Pleas, before be 3 Joseph F. Daly, and concluded yesterday. The defence was that Mme Demorest, at the time of be- coming surety, had a separate estate of her own, but subsequent financial embarrassements had swallowed ub this estate, leaving Ler ipecunigua, ‘The defence had urged for a delay untu | 5 An attempt was made to show that the lease wag sold for a handsome bonus, but this failed. After hearing the testimony the Court directed a verdict ere 12, being the whole amount claimed, With interes| SUPREME COUXT--CHAMBEAS. Decisions. By Judge Barrett. James T. Pelton vs, James W. denied, with $10 costs, Stuart et al. vs. D, Barnes,—Motion granted, with $10 costs, Wood vs, Martin et al.—Judgments granted, Mutua Life Insurance Company, New York, vs. Martin et al.—Same, et al.—Motion denied without Bell.—Motion Gischeidt vs, Kuhne costs, but with leave to plaintiff for the insertion of an allowance in the judgment upon affidavits us alswer to the present opposing ailidavits. SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Curtis, Fergus Cochran et al. vs. William H. Dimmick.—- Motion for judgment denied, with costs to defend- ant, to abide event of suit. Jeremiah $, Lane va, Anthony P, Salter et al.— Order granted. By Juage Freedman, Charles L. Frost vs. J. Edwin Conant et al— Oita fe lam F. Hines vs, Charles A. Perine.—Case ordered to be filed, By Judge Barbour, Benjamin C, Phermal vs. William Pitt.—See memorandum of counsel in regard to settlement of case, COURT OF COMMON PLEAS—SPECIAL TEAM. Decisions. By Judge Larremore, George ©. G@wennemann ys, Caroline Gwenne- mann.—Divorce granted. Reinhardt vs, Blumenthal.—Report of referee confirmed and judgment ordered for defendant. Mausner vs. Gottel.—Report of referee con- firmed, Davis vs, Roe.—Motion dented. Hade vs, Armstrong.—Motion dented with costa to abide event. Joachim vs, Sproaton.—Motion denied withou costs. By Judge Robinson. Mathews vs. The Mayor, &¢c.—Demurrer over. Tuled and judgment for plaintiff, unless defendant answer and pay costs of demurrer in twenty days. MARINE COURT—SPECIAL TERM. Decisions. By Judge Tracy. Catvin Ms Nossbaum.--Motion to vacate attache’ lenicd, cried va. MoWillie.—Motions denied, without costs, Necley ve. Shattuck.—Motion granted, py vs. Van Name.—Costs properly taxed by ¢ 5 Meyer vs. Gould.—Motion to vacate denied, with leave to renew, McMackin vs. Same.—Same. Hovey vs, Same.—Same. YORKVILLE POLICE COURT. James Walsh, William Wright, William Watson and Thomas Johnson, who were arrested on Sat- urday night by the Twenty-first precinct police on suspicion of being pickpockets, were ar- raigned at the Yorkville Police Court yes- terday, before Justice Bixby. It was showa that ou ‘Thuraday evening last Walsh and Wright, assisted by others whose names are at present unknown, assaulted and robbed a Mr. George Pigot, in Grand street, Williamsburg, of $90 in cash and bills payable to the amount of $1,500. Mr. Pigot was in Court and identified beyond doubt the prisoners named, who were accordingly re- manded to the custody of the Kings county au- thorities, The other two were remanded back to the station house until owners are found for some gold watches ana other property now at the East ‘Thirty-tifth street station house and which are sup- posed to have been stolen by the prisoners. COURT OF APPEALS CALENDAR. ALBANY, Dec. 9, 1872, The following is the Court of Appeals day caleny dar for December 10:— Nog. 808, 869, 570, 871, 872, 875, 508, 510, DEPARTMENT OF BUILDINGS. Letter from J. M. Macgregor to Comps troller Green. It was. announced some days ago that James M. Macgregor, Superintendent of Buildings, had re- | signed. nis is somewhat premature. Mr. Mac- | gregor had concluded to resign in consequence of | the fuadequate sum apportioned bis department, | but at the reqnest of Mayor Hall he consented to remain in office until the Ist ofJannary. Comp- | troller Green has received the following communt- | cation from Mr. Macgregor tn reference to the pro- | posed reduction in his expenditure. A. H, Gneex, Esq. , | ““sin—Your ¢ireular letter of the 29th inst. was received | this date, and {n compliance with the request therein contained I submit thi lowing estimate of the suing re- | quired tor the efficient maintenance of this department for the year IXT$:— m ‘The amount hecessary ti the salaries of the various | officers and employe a ast careful con- sideration, and being ac sire to keep ihe amount within the lowe: consistent with the public good, fixed at $125,000. This sum I consider absolutely necessary for the proper discharge of the business of the department, aithough the sum ts in ex. cess of my estimate for the past year, T feel com. pelled to place itat that figure tor the reason that the | amount appropriated by the Board of Audit and Appor- | tionment for the year 1872 was much less than absolutely required for the proper working of the dep: nent, ihe | result being that many important duties deemed by me to be of great public interest had to be omitted Jor the want of means to carry the same into effect. In the matter of furbishing you with a complete list of names and residences of the various officers and em- ployes, with salaries of each, I find tt difficult to do so, | the'persoanet ot the department is subject to change from mouth to month and the salary paid to each Is governed | by the amount und by th \ by | futly pportance ot the For further ii duties performed ation I respect y ‘bh month, | together with the ettida ig same, | As to the laws defining the duties of the various | officers and employes, | beg leave to call your attention | to the charter of 1572, also to chapter 625 of Laws of 1871. In regard to the expenditures, other than for salaries; I could again reter you to chapter 625 of Laws of 1871, In conclusion, I'Wwoult reiterate that, in conducting the business of this department, which has beem my privi- | lege trom its organtvation up to the present time, {thas always been ny aim to confine the expenditures to the | lowest possible amount consistent with its proper admin- istration, aud in some instances there has been a balance | remaining to the credit of the department at the end of the year. | Whether the duty of Co patel | the moneys appro- priated for the year 18/3 slould devolve upon me or another, I, realizing the responsibility resting upov me as the Superintendent of Buildings, and from my experi- ence during the past ten years, am convinced of the ne- cessity of having appropriated the amount asked for, that i the public interest may not be impaired; and should it | ever be our misiortune to be visite | to that which h | Boston, Tw ‘Was not caused elther by a false economy or the h cieucy of the department. Yours, respectfully JAMES M, MACGREGOR, Superintendent of Buildings. by a calamty similar FOUL PLAY OR FOLLY—WHICH? A Thanksgiving Morning Mystery in Bloomfield, N. J. On Thanksgiving Eve Mr. Bernard Reynolds, of | Bloomfield, N. J., left his home to attend @ ball somewhere in the neighborhood, He had on his person, it is supposed, several hundred dollars. About two o'clock on Thanksgiving morning he started for home, being then in that condition which weather-beaten marines describe as “three sheets inthe wind.” Until Sunday last nothing was heard or seen of him. On that day his body was found floating in the Morrs Canal, near to Bloomfleld lock. It had evidently been in the water some ti The clothes were torn and the head badly gashed. In the pockets were found only some thirty-five cents. Opinions vary as to his fate. Some are of opinion that he is undoubtedly a victim of foul play, while others say that his Lome route being along the canal he must have fallen in. There is also some rumor of a disturbance having taken place near the canal early on Thanksgiving morning. These facts hav- ing come to the knowledge of the county phy- sician Ne has deemed it (aged to order an in- quest, Wilch will be held t forenoon, - ALLEGED APPALLING CRIME, jt of an Aged Lady in Westville, N. J. In the town of Westville, near Livingston, Essex | county, New Jersey, @ few days ago a diabolical | double crime is alleged to have been perpetrated on an old lady, over seventy years of age. On the day in question—as was related yesterday to a | HERALD reporter by a member of the Essex Béench— @ young man, name unknown, entered the resi- dence of the old lady and found her alone, Assured | of this fact the rufMian flourished @ club he carried and demanded from the poor woman her money at her peril, She had but @ few dollars, The villaim 2 | secured the money, and then, chagrined, bedinlen ae at the meagreness of he amount, beat the poor old dame most brutally, and wound up by perpetrating a monstrous outrage on her, having previously bound her hand and foot to abed, He then, aiter locking the ben ted. is now confined in the Hudson County Jaila young man named Lorenzo Sheppard, hailing trom New- ark, who was caught in Union pn) last Frie day while fleeing from the house of Robert Co whose house he had robbed of $120 aiter hav! bound Mr. Condon’s daughter, It is s eted I Westville that Lorenzo and the villain w and assaulted the old lady are closely if mot Wen tically reiated, ss EE <<< — El ll TO