The New York Herald Newspaper, December 17, 1872, Page 5

Ee THE TOXICOLOGICAL TRIAL. Dr. Lucius B. Irish Before the Bar of Justice for the Alleged Murder of Edward 0, Anderson. Sixth Day’s Proceedings and Sud- den Closing of the Case for the People. Yudge Pratt Ruling Out Mrs, Anderson’s Con- Versstions About Her Family Affairs—Dr. Irish at the Andersons’ Home—The Prosecution’s Unexpected Ac- tion—The Lawyers Surprised. OPENING OF THE DEFENCE. General Catlin’s ftrange Theories—Was Ander- son a Suicide or the Victim of the “Irish- town” Desperadoes +-The Defence At- tempting to Produce the Widow in Court—A Prospective Struggle for To-Day. It will be remembered that the Court adjourned on Friday iast, pending the ruling of Judge Pratt ‘on the question whether or not Louis Anderson, a Drother of tie deceased, should be allowed to ‘testify in regard to certain convereations he had had with Mrs. Anderson, the widow, showing her feeling towards her husband, The decision of Judge Pratt was awaited with great intercst, and ‘Was regarded as of the deepest importance to the prisoner. The court room was crowded at an early hour yesterday. Dr. Irish was brought in shortly before ten o'clock atid was soon joined by his wife, whom be kissed and embraced, Mrs. Irish nas been in attendance each day of the trial and sits near her usband during the proceedings. FRIDAY'S DISPUTE SETTLED. The Court was opened at ten o'clock and Judge Pratt said :—The Court, having considered the ques- ton that was submitted on Friday, announces that ‘tm the judgment of the Court this evidence offered is mot available for the prosecution as evidence in ohief, but that it 1s available as rebutting evidence, and that declarations are origina) or primary evi- dence to prove the state of feelings between parties. In other words, if the motives of Mrs, Anderson or the state of feelings of Mrs. Anderson and her bus- band are putin issue, as the defence have & per- fect right to put them In, TI think the subject can be febutted by the prosecution. District Attorney Britton—The Court excludes the testimony now ? Judge Pratt—The Court suggests that it ts barely possible there might be some evidence that might be rebutted. TRE QUESTION OF HABITS OP THE DECEASED. District Attorney Britton—There is alreaay evi- dence in; but I take the suggestion of the Court. Louis Anderson was recalled, and, in reply toa question of Mr. Britton, said that he had not seen Ais brotber under the infuence of liquor during | the last year of his life. Mary P. Howell, of Yonkers, @ sister of the de- eased, never saw her brother under the influence of liquor during that time. Witness had seen the Doctor at her brother’s house in January, 1871, and on five or six occasions the Doctor and Mrs. Ander- £00 retired to a room together and remained there about half an houreach time. Mrs. Irish was at the house also three times, and was very intimate with Mrs, Anderson, who at that time was in feeble health. Witness was on friendly terms with Mrs. Anderson up to the time of her husband’s death, and corresponded with her until that occurrence took place. Rosa McMahon was called, but did not respond, ‘Mr. Britton said he had sent to Newark for her, Dut she had not yet arrived. He stated privately to Mr. Morris what he proposed to prove by the witness, and intimated that he did not desire to pid ped cage until after the witness had been ex- Bmined. There was a consultation between the counsel for the defence, who were COMPLETELY TAKEN BY SURPRISE by the action of the District Attorney. They had not anticipated that the case for the people would be closed #0 soon, and were not prepared te pro- veed with the defence at once. They made po motion, however, and finally Mr. Britton said—If the Court chooses to go on ‘With the case I will rest now. Judge Pratt—If the counsel say they are taken by ag we Will take an adjournment until two o ‘clock. © i edekaa said they had no motion before the jour Mr. Britton—I rest here, reserving the right to tmake an application to the Court at a subsequent period to permit this witness to be examined. Of course counsel may resivt itor not, as they think proper. I rest, reserving the right to wake that application, General Catlin (of counsel for defence)—I sup- pores trom what the District Attorney said on riday that the most of to-day would be consumed in introducing evidence on the part of the prose- cution, and J, therefore, am not at present ready to (0 on With the opening for the defence, I will be, wever, in the course of @ halfor three-quarters olan hour, I have not my notes with me, not ha’ ing had any idea that the case for the people would close vo soon this pe Mr. Britton—Of course I have no objection to the application, but I don’t want it put ou me. IJ cer- ly Said nothing which would WARRANT SUCH AN INFERENCE as he hasatated. Iam entirely willing t coun. sel should take time, but I don’t want bim to put the responsibility on me, Mr, Mo’ ‘We don’t put any responsibility on you; we don’t understand it so, ‘After some further discussion, Judge Pratt ad- journed court until one o'clock. ‘The audience arose at once, and maby persons Frereed forward to shake hands with the prisone: ‘he greatest surprise was expressed on all sid that the District Attorney should close his case 60 goon, and the opinion prevailed that the ruling of Judge Pratt, excluding the declarations of Mrs. Anderson, liad a great deal to do with it, Upon the re-assembling of the Court Mr. Britton asked leave to call the witness Rosa McMahon for exatination. Judge Pratt—Do you object on the other side? Mr. Morris—Yes, sir. Judge Pratt think you had better consider the case closed, General Catlin then proceeded to open THE CASE FOR THE DEFENCE at considerable length. He said that, while they felt that the evidence of the prosecution uncon- tradicted could not convince twelve intelligent men of the guilt of the defendant, they wouid | present their entire defence. The slender web | of circumstances which the prosecution had at- tempted to weave around him was composed of faise and unfounded suspicion, and if @ man could | be convicted on such, then, counsel sub- mitted, the purest and best men ip our community were in danger. In one or two instances, the press, forgetful of its high duty, had P and fanned the fiames which it sheuld have uenched; but, thank God, idle rumor and tensa- onal Dewapapers might come to the door of this Court, but they could never cress the threshold. Couneel alluded to the chemical analysis and Pro- fessor Doremus’ evidence in relation thereto. Counsel suggested that this evidence was of such | ® character that it should be received with great caution, even hesitation, especially in tris case, where the defendant was denied the priviiege of being present at the post-mortem examination or the chemical analysis. Allusion was also made to the evidence of experts generally, and counsel quoted froma gpeech of District Attorney Brit- ton at tne trial of Fanny Hyde, in which the District attorney sought to prove that the evidence of experts was being received with dis- favor, The motive assigned for the commission of this crime by the prosecution arose directly or wndirectiy out of & criminal intimacy between the defendant and Mra. Anderson. The motive, as stated iu the District Attorney's opehing, was fear of public expesure and that AE KILLED ANDERSON 10 protect hix reputation. Four witpesses swore 10 this—Coburn, the filibuster; Kearney, the ; keeper of the ginmil} where poor Anderson spent the Most of bis time and money; the cilapiduted jaborey who passed his time in Tum holes aud had | been arrested repeatedly for drunkenness, abd “Conk” mith, of the Revenue Department, who had been so used to swearing worlies into bis own pocket that ez parte swearing Was second uature to him. (Laughter.) Counsel referred 10 the alleged guarre] vetween Anderson and Irish, in Myrtle avente, and said that they would put upon the stand @ Witness of the highest respectability, who would telj U there was no quarrel, that the conversatioD Was Carried on kindly, and that be afterwards had a taik with Anderson, who said the Doctor was an excellent man and’ his warmest friend, The defence denied that there was any aged tlils case and prejudiced this defendant, , P NEW YORK HERALD, TUESDAY, DECEMBER 17, 1872—TRIPLE SHEET. ‘were socially intimate and an inti throughont both families tor more than two: ‘and up to the” Gate of Ander- #on’s ‘the most uniform and feel- ing existed between these two families. 1t would aio be shown that ANDERSON NEVER LOS? FAITH in the defendant, and that the relations of the lat- ter With bis own family were of the most affec- tionate character. If there had been any improper mtimacy between Dr. Irish and Mrs. Anderson would not Mrs. Irish have smeiied them out and broken up the relations between the two families ? In relation to the visit of the Doctor and Mrs. An- derson to Newark, counse) said that they would rove that they went there on business and that Rie. Irish knew very well that they were goi and had been invite to socompany them. Genera Catin ip referring to the fact-that MRS. ANDERSON PROCURED TUE ARSENIC at Dr. Irish’s store, said that for some time pre- vious Anderson had been shooting at cate about his house, and Mrs, Anderson, fearing that some one might be killed or hurt, promised to get him some poison if he would give her bis pistol. That evening Mrs. Anderson went to the Dector’s house, and as she was leaving, in the presence of several people, ameng whom was Mrs. irish, she said that “Ea” (her husband) wanted some poison to kill cate witb, The Doctor said he was going up to the store and he would give her some. They went to the store, and he told the clerk (Jackson) that Mrs, Anderson wanted some arsenic to kill cate with, The arsenic was put in some meat which was placed in the yard, and the next morn- ing they had a cat. (Laughter.) The defence would claim that if the deceased died of poison, and if it were criminally administered, some other person beside the defendant, who had a real motive, administered it. ‘You will remember,’? continued the General, “that the deceased was in the Internal Revenue Department and was as- signed to a perilous duty, His duty was to seize the property of persons who were engaged in manufacturing and selling illicit spirits, The men, agis well known, who were engaged in that busi- nese were SHE MOST DESPERATE OUTLAWS tn the community. Indeed, there was a large com- munity actually ima state of rebellion against the United States authorities, and it is afact that re- wards were offered for the heads of revenue offi- cers. No faithful officer dared to go in that com- munity, and it could oniy be reached by a large force ol United States troops, These desperate men went armed to the teeth, and did not hesitate to maim, injure and kill revenue officers if it were neces- sary, On one occasion these very men attempted to kill the deceased, and actually did kill one of his comrades. Anderson made himself a special ob- ect of hatred to these men. He seized their orses and carts and whiskey, which weie sold by the government. They had THREATENED TO KILL HIM, and he Tepeaseahy, expressed fears that he would be killed by them, Now, we show the strongest motive, and, if we can show the Cp DOTaniey, as we can beyond donbt, for that motive to be carried into effect, we show a theory ofthe death of An- derson much stronger and more reasonable than the theory of the prosecution, Another theory advanced by counsel was that ANDERSON COMMITTED SUICID! and, in connection therewith, General Catlin said that they would show that for weeks and months Anderson bad been in the habit of saying that he wished he was dead. They would also show that | he actually bought arsenic, and was in the habit of taking a white powder {trom a vial, which, he said, was good for him, but no one else. Unless it was shown that he used the arsenic legitimately they were forced to the conclusion that he took it to destroy his life, General Catlin concInded his address, which oc- eupied nearly three hours in delivery, by an elo- quent appeal to the jury 60 theticaily rendered asto move many of the gudience to tears. Dr. Jrish wept like a child. His wife and daughter and several intimate friends around him also wept. As Yhe General concluded ‘he audience applauded, 2nd mingled with the applause there was just ope ‘hiss in the gallery. MRE, ANDERSON AS A WITNESS. Mr. Morris—If the Court please, it is 80 near the time of adjournment that I suppose it is hardly necessary for us to go into our evidence ; but betore the Court adjourns we desire to say that to-morrow morning we desire the presence of Mrs. Anderson in Court. We understand the District Attorney to object to it. We claim it as our absolute right. We have the right upon two grounds and upon every consideration. Judge Pratt—If any application of that kind is te be made I will suggest that it be made upon af- Guavits, Iam not aware of any power in a@ Court of Oyer and Terminer to bring a prisoner into court sreeDe for two purpuses—either to give bail or tobe used as a witness. Mr. Morris— The party is jointly indicted with the party on trial, but 1 hold that Your Honor has ab- solute control and direction of either of the par- Wes, It isan indictment pending in this Court; the prisoners are in the custody of this Court an certainly Your Honor can see why itis necessary Gerson. macy ©: that this person should be here. I don’t suppose that the District Attorney wants to put us to the trouble of applying for a writ of habeas corpus to bring the party here as a witness, It ts certainly necessary that we have the party here all the while during the examination of the witneases. Many of the witnesses cannot be examined prop- erly and intelligently without her presence here. It is justas necessary, so far aa that part is con- cerned, as it is to have this prisoner himself here. District Attorney Britton—I certainly don’t feel called upen at this stage of the case to say any- thing at all; yet, at the same time, lest my silence might be misconstrued, I will say a word. I don’t know by what authority the learned counsel says her presence. 1 only know that on an appeal made to me to produce her here, as I understood it, I de- clined to do sa for obvious reasons. In the first place, the pcre Faint under my control, lam not jaller of this county, nor dol keep her within confinement, and that, perhaps, will be a sufficient answer to that application; but 1 will say this in addition, that I do object and shall object, when the time arrives for me to object, to her presence. She is indicted for THE SAME CRIME for which the prisoner at the bar is indicted, Having elected to have @ separate trial on ber own behalf, Dr. Irish only is on trial here. Now, in the ordinary course of justice, she will be tried here- ter, and I submit that I know no law, and, more than that, I don’t know any principle, that sne should be present and hear the evidence and pro- ceedings in the trial of Dr. Irish. I believe that it would prejudice the cause of justice, and if she is ality, which I don’t mean in any sense to pre- judge, I believe the rights of the people would be rejudiced in having her present in Court and hear this testimony, the hearing of which might be used hereafter on the trial. So far a8 a witness is con- cerned, Your Honor knows, perhaps, better than I do, that there is no rule of law under which she ia competent as a witness in this case. If Your Honor and this Court holds that sle is competent as a witness in this case I shali cer- tainiy Make no objection to her being present for the purpose of being examined, if I could. Jean bf do that in a! official position which I think I will be justified in doing—to wit, to insist upon the just and legal RIGHTS OF THE PEOPLE-~ and award to the other side all the rights which I think, as prosecuting oMcer, they are entitled to, Now, if the Court believes that there is any priu- cipie or any rule of law under which she is entitied to be present or this prisoner is entitled to have ber present, I shall most cheerfully submit to that; bat, apltam | a8 I do, that there is no such rule of Jaw or principio, Icannot favor any such disposi- tion of her person during this trial. Mr. Morris sai? he would make the applicatton in form in the morning. The Court then, at five Minutes to four o'clock, adjourned until ten o'clock this morning. A TRENTON STABBING, A dangerous stabbing affray has recently taken place at Trenton, in which a New York desperado, giving his name as James Price, was the perpe™ trat This individual has been frequently before the Mayor's Court im that city on various trivial charges, and it is weil known that he assumes several other aliases besides that of Price. He is but four or five months from New York city, and was an employé in the wire mill at the above place before his arrest. From the evidence adduced in relation to the affair it appears that Theodore Wegand, John Phillips, James Price, the parties to the affray, and several) others, had been drinking freely in Jeuning’s #aloon, at South Trenton, last Saturday at the hour of midnight, when, becoming disorderiy, the whole crowd were ejected from the Jace, after Which a quarrel ensued, which resulted in Price drawing a bowie knife and inficting wounds on the persons of Wegand and Philipps, at the same time mying to the Jatter, “Here, you amar! fellow, tome on." Policemen Bennett and Ashmore were immediately on the soene and suc: ceeded ip resit Ashmore open if be persisted in the arrest, prisoner ba@ a hearing before the Mayor. default of §),500 bail he wae locked up to @ result of ihe wounded men's injuries. Wegi wounds are Of 8 dabgerous nature, as provou hy the suri ip attemdane THE ACCIDENTAL HOMICIDE. A Careless Youth Reprimanded by the Coroner. Coroner Schirmer yesterday beld an inquest ju the case of Danie) Manning, the man who was shot threngh the head on Saturday evening, at 836 Third avenue, hy the discharge of @ pistol in the bands of James Brown, a jad of eieven years, During the absence of Mr. Brown from his shop his son found the pigto! on ® bigh shelf, and while dling it it exploded with result stated, The jury, after hearing ai! the testimony, rendered a verdict of ac- cidental death, Core Schirmer, on discbargi the bey, administer severe reprimand, ands Brown, father of boy, returned thanks to the Coroner and the jory for their kindness, UFPOOATED BY GASOLINE, pdward Muse, colored, was found dead yestercay morning at Stouber's o:) Werke, Astoria, He was employed at the works, and, being on wateh Son- Gay Bight, Closed the door and Windows. Dr. Tay- lot, Of Agtoria, saye he Was #uffocated by gavoline. ating the would-be murderer after Hh which he threatened to rip Bh srimingl ingimacy between Dr, Tish and Mire, Aue ‘bhe Coroner war boited, to this Court that the District attorney objects to- THE COURTS. Interesting Proceedings in the New York and Brooklyn Courts. a ‘was $200, the property of Ronald Thomas. These articlen were stolen from a boarding house in West Twenty-third street, where the complainant and the prisoner occupied roome. ‘The prosecuting officer informed His Honor that there were four similar charges against the prisoner, to one of which he pieaded guilty, Recorder sent! bim to the Ktate Ivison for four years and ex monthe. Ww Long, who was jointly indicted with @ man Damed Sullivan, was tried and convicted of The Jumel Estate Litigation—A Juror in the | grand jarceny. ‘The evidence showed that on Sat- Toils—The Alleged Stolen Mail Bags—The Stokes-Fisk and the King-0’Neill Homi- cide Cases—The Bishop Will Case—A Memento of the Old Court House Commission—Business in the General Seesions—Decisions. UNITED STATES CIRCUIT COURT. The Jumel Estate Case. Before Judge Shipman. ‘The hearing in this interminably litigated case ‘was resumed yesterday, the most of the day being Occupied by counsel in reading documentary testi- Mony taken some two years ago. Danicl Hull, a witness over seventy years of age, Was examined on behalf of the piaintit, who gave his account of his early recollections of the piain- tiff, of Mrs. Jumel and others who figure by name in the-case. A JUROR IN THE TOILS. The matter of James G. Shaw, Jr., who appeared to show cause why he should not be filmed $2,000 for not answering the roll of jurors summoned to try this case, was referred by the Judge to the Clerk of the Court to take evidence, UNITED STATES COMMISSIONERS’ COURT. The Stolen Mail Bags. Before Commissioner Shields, Ignatz Kanders and George Kafka were brought up yesterday, charged with being implicated with Walker H. Elliott in the theft of United States mail bags. The accused are members of the firm of Kanders, Cohen & Co., of Lispenard street, wool dealers. They gave bail in $600 each to answer. COURT OF OYER AND TERMINER, The Stokes-Fisk Case=—Trial Set Down for 'To-morrow. Before Judge Ingraham, Assistant District Attorney Fellows, addressing the Court, said that the Stokes case had been set down for yesterday, but about the middle of last week an understanding had been had between counsel on both sides that the case could not be tried on Monday and should be set down for Wednesday. Their witnesses had, therefore, not been brought. Judge Ingraham said they were not likely to get @ jury at once and might as well go on. r. Townsend joined in the request, and whe Court thereupon set the case down for Wednesday. ‘THE CASE OF JAMES C, KING. Application was made in behalf of James C. King for a commission to Hamburg to take testimony and a a in the meantime. Judge Ingraham thought the aMdavits not specific enough to Warrant a stay, but gave them a day to correct the defect. SURROGATE’S COURT, The Bishop Will CarcmA Curious Finale—Contented Instead of Contest- ing on All Sides. Before Surrogate Hutchings. The Bishop wi!l case, which promised some curl- ous developments, has come to a timely and satis- factory end. Mrs. Mary J. L. Bishop died in this city some time since, leaviog her property to her daughter, living at the time in Philadelphia. Mrs. Bishop had an adopted daughter, Mary Louise, who married a Mr. Johnson, and believing that she was really @ daughter of the deceased, she sought to obtain a part of the estate. She consequently con- tested the will, and several days were consumed in the case, Mrs. Johnson, however, has ascertained her true relationship to the deceased, and that she is in fact the daughter of a Mrs. West, who, lately dying, has bequeathed her some property. She bas withdrawn from tne contest, and the estate goes to the real daughter of Mrs. Bishop, the proponent to the will. SUPREME COURT—CHAMBERS. Memento of the Old Court House Com- missioners, Before Judge Leonard. Application was made yesterday before Judge Leonard, holding Supreme Court Chambers, for an | order to show cause whya writ of mandamus should not be issued against the Board of Appor- tionment, to compel payment of $267,000 still claimed to be due the Tenth National Bank tor advances made in 1871 to the New Court House Commissioners. The order was granted, SUPREME COURT: Decisions. By Judge Barrett. Pichart vs. Keator.—Motion denied with $10 costs, Harkins vs. A. H. Green, Comptrolier.~Motion for mandamus to compel the Comptrolier to pay the relator’s bill denied, with $10 costs, Dichey vs. Rinset.—The case, by disallowing the several amendments, but w®b leave to the re- spondent to propose proper amendments as de novo within ten days aiter the service of this order, and that the case and such new amend. Ments be cither submitted to the referee for set- tlement upon the usual notice and $10 costs, to abide the motion. In the Matier of the Appointment of a Trustee of the Estate of Mr. Gray. Lichensteine vs. Lichensteine.—The matter of ability has been settled by previous orders, The commitment must issue, but under the circum- stances merely for the ¢ Curson vs. Monday et al.—Upon plaintiff fling a stipulation to amend the compiaint as suggested upon the argument, the order can be resetued by reducing the receiver's bond to $2,500. Wilson et ai, vg. Kerr.—Motion denied, with $10 cost. The People, kc., ex rel. N. C. Abrams et Commissioner of Taxes.—If the Court erred awarding costs (39 New York, 520 and 521) the remedy ig by appeal on motion for reargument. Costs having been allowed, it cam only be treated asa is correct under Laws of 1854, chap. 270, sec. 3, but the double costs cannot be allowed. Rockwell et al. vs. Greery et al.—Motion granted upon judgment of $10 costs. Patrick F, Maginia vs, The Board of Assessors,— Motion granted. Koehler vs, The Stonewall Oi] Company.—Motion granted, with $10 costs. Joseph R. fae vs. Board of Apportionment.— Motion denied, with $10 costs, Monheimer vs. Board of Assessors,—Motion granted. Wm. Ferguson vs. Marine Court of the City of New York.—Application of writ of probibition’ de- ied. Hallgarten etal. vs. Echert et al.—Motion granted upon the payment within two days of $30 and $10, costs of motion, and defendant to answer tuis ac- tion the next short calendar. William H. vyckman vs, Pedro Finn y Londa et —The bond should be $14, ‘ongdon vs. Barr.—Motion is denied, with $10 | costs, and an attachment must issue unless de- | fendant attend and submit to examination on the | 26th day of December, at eleven A. M. | Youngs et al. vs. Youngs et al.—Exceptions overruled and report confirmed, Vhite et al.—-Motion denied, with $10 costs. The People, &c., €X rel. Miuor vs. Astin et a1.— Motion granted, Clapp vs. Elmer.—Motion denied, with $10 costs. The act of 1866 specifies the fifth article, vs, with $10 costs. | referee of the balance in his handy, dc. SUPERIOR COURT—SPECIAL TERM. Decision. ‘ By Judge Curtia. The North Missouri insurance Company vs, Har- | rison Prindie et a).—Motion to arrest granted, COURT OF COMMON PLEAS—SPECIAL TERM. Decisions j By Judge Larremore. Leitch vs. The Atlantic Mutua) Insurance Com- pavy.—Motion denied, with costs, to abide writ. ield, Administrator, et al. va. Von Cott,—In w of the decision opon the demurrer i think ¢ motion should be granted. Motion granted, Linton vs, Linton.—Reference ordered. Limton va. Morgan et al,—Same. Kiernan vs, Waring et al.—Sami Davis, Receiver, ve. Brown et al,—Same. Dorbon ve. Sehwartz.—Receiver appointed, COURT OF GENERAL SESSIONS, ; | Grand Laercenies, Convice Belore Recorder Hackett. The first care disposed of yesterday in thie Court Was an indictment against Jacob Stuyvesant, who pleaded guilty to grand Jarceny, It appeared from the complaint that on the 19tb of October he stole wearing apparel, geld etude and eleeve buttons | Ald ob OVeTA Glare, he averegate valine of which special proceeding, and the respondent's bill | Roveya va, Fisch Same. Ray! vs. Selmi .—-Motion denied, without costs, and for leave to move for repayment by the | urday, the 17th of August, wiile Mr. Cbristie, who keeps a wholesale confectionery establixhinent at 480 Pearl street, was paying off his hands Sullivan and lone came into the office, and whiie Mr, Christie turned his back for @ moment Sullivan ut his hand in the window and snatched seven en dollar bills and rap away, followed by Long. Jt was shown by circumstances that Long acted 1b complicity with Sullivan, Proof of good character was adduced by Long’s counsel, which was re- butted by police officers, who swore that he was arrested once before for larceny and at apother time for disorderly conduct, ‘The jury reudered & verdict of guilty without leaving their seats, and the Recorder promptly sentenced Long to the State Prison for five years, Morns Kennedy and James Goeghap pleaded guilty to an attempt at burglary in the wurd de- gree, the char being that on the 2¢th of Novem- ber they burgiariousiy entered the premises of Michael Walsh, 58 East Houston street, and stole $2 worth of smoothing irens. They were re- manded for sentence. Bernard Conway and Stephen Larkin pleaded guilty to an assault and Patiery which they com: mitted upon Mary Jane Brault, in Forty-first street, on the night of the 26th of November. ‘They were each sent to the Penitenfiary for one year. Alleged False Pretences. On motion of Mr. Fellows a noile prosequl was entered upon an indictment against Benjamin J. W. Trask, Jr., who was jointly mdtcted with Louis Beers, charged with obtaining a number of lots by false pretences, stating to the Court that Judge Garvin and himself were satisfied that the defend- ant could not be convicted of & criminal omence. There is a civil suit pending growing out ol the transaction, Almost a Murdcr=An Old Man Convicted of Shooting at a Saloon Keeper—He- corder Hackett’*s Remarks upon the Use of Weapons. -Adam Cook, an elderly map, was convicted of an assault with a dangerous weapon, with intent to do bodily harm. It seems that on Thanksgiving evening the prisoner went into the saloon of George A. Folimar, in White street, and played dice for drinks, He had some misunderstanding with Follmar about the payment of thirty-five cents, and while he (Foltmar) was attempting to detain him Cook drew from hig pocket 4 revolver, and was about to fire it when Follmar knocked up his hand, and the ball entered the ceiling. Mr, Howe mentioned the fact that Cook had served in the army, a& @ reason for a mitigation of the sentence. His Honor the Recorder, in passing sentence, gaid that if the Legielature passed 4 Jaw making it & misdemeanor for any person to carry weapons the result would be that 20,000 men in this city, who lead a criminal life, would be emboldened to carry on their depredations by the knowledge that good citizens were disarmed. The Legisiature would regret the passage of such a law within a month. His Hovor said that it was his duty to show to all men ip this community that weapons must not be used except tn extreme oecasiona, where life was in imminent peril or to save them- selves from the infliction of great bodily harm, and that he will visit with the extreme Pare every man Who uses 4 knife or a pistol recklessly. Cook was Kentenced to the State Iymon for two years and six months, BROOKLYN COURTS, Rea are SUPREME COURT—SPECIAL TERM. The Canal Debt Deficiency—The State Endeavoring to Compel the Super- visors to Insert Kings County’s Share the Tax Levy. Before Judge Tappen, There came on yesterday for hearing the motion on behalf of the State Comptroller for a mandamus to compel the Board of Supervisors of Kings county to levy and collect a tax of three and a half millions for the Canal fund deficiency. The Comp- troller was represented by Attorney General Bar- low, while Mr. J. M. Van Cott appeared for the Su- pervisors, and District Attorney Downey for the Queens county Supervisors, against whom a simi- jar application has been made, The Queens county | case went over for @ week. | _ Attorney General Barlow read an afmdavit of | Nelson K. Hopkins, State pra beh setting forth that m his opinion the act of the Legislature re- quiring the question to be submitted to the people whether the “Canal Deficiency debt” shoulda be funded was unconstitutional, and that he had on the 14th of Nevember informed the Supervisors that the amount would have to be placed inthe current tax levy, it having been incorporated in the Supply bill. Mr. Hopkins also stated that he had the unanimous concurrence of the Judges of the Court of Appeals in the above opimion. Mr. Barlow, in his own affidavit as a member of the Board of State Canvassers, said 86,032 votes were cast in favor of the funding and 82,758 against It. Justice Tappen—Have you anything to show what Hie pets of the Court of Appeals 18 on this ques- tion General Barlow—No, sir; but I don’t rely on that very much; I merely state that Mr. Hopkins sub- mitted the question to them informally, fs Van Cott, in reply, read the tollowing aftida- viti— fe "eo York, County of Dwight Jolinson, of the of Brooklyn, being du SWOrn, says that he is 4 momber of the Board of Supervisors of the county of ings. That said Board of Supervisors caused an inquiry to be instituted “in relation to the assessment of real estate In the county of Kings in comparison with other portions of the Siate,”’ the particulars and results from which are embodied in the report of & special committee, whereof Is hereto annexed, marked “A.” That depo- neat was a member of said committee, and as such actively icipated in said inqu: believes the matters of fuct are duly 9% uly’stated in said repo ‘That the proceedings of a mecting of: the said Board Supervisors, held October 16, 1872, in relation to the item of canal and general fund deficiencies are correctly set locth in the printed minutes of said Board, pages 6a) to 653, bot ee lusive, acopy of which is hereto aunexed, marked “B.”” That the turther proceedings of the said Board in rela- tion to the said item are set forth in its minutes of the meeting, November 19, 1872, at pages 718 and 720, both inclusive, @ copy whereof fs hereto annexed, marked “C.” ‘That its aforesaid action in relation to’ the said item, the said Board, as deponent verily believes, bas unifermly contormed to the requirements of law. ‘That, excluding the said item from the current tax, the rate of taxation in Kings county for the current year will be dollars and fifty cents and six mills in éach $100 ation. id State Board to justly equal- That the failure of the ize the valuation of rea’ tate throughout the State for the necessity of raisin, the purposes of taxatto large sums of taxation for local purposes liave swelle | the percenrass. of taxation in id county to sucha height as to excite general alarm and greatly to threaten the growth and prosperity of said county. DWIGHT JOHNSON, Sworn before me this 9th day ot December, 1872, E. B. Woon, Notary Public, Kings county. A lengthy argument ensued, at the conclusion ot which the Judge took the papers and reserved his decision. | UNITED STATES SUPREME COURT. The Case of The South Carolina Kua Klux=—No Decision Rendcred—Barnes and Others Against the Philadelphia and Reading Raltlroad. WasnincTon, Dec, 16, 1872, fhe South Carolina Ku Klux case was disposed of in the Supreme Court to-day, as follow: Ex parte—T. Jefferson Green on Habeas Corpus to the Marshal of the District of South Carolina.—In this case Greer was held under a bench warrant issued by the Circuit Court upon an indictment | =] a | lengthy bill, containing numerous mali items, and MIB TWEED INDICTMENTS, Another Day of Burlesque Legal Tournament. Cena WL a The Ex-Boss {till Butting Against the Prosecution. READING OF TEE BIG INDICTMENT. Tweed Through Counsel Pleads Net Guilty. distemitchl The Trial Set Rown for the First Monday in January Next. Yesterday was fixed npon as the closing day of the argument of covasel in the cage of The People against William M. Tweed for the renewal of pro- ceedings in the case, when it was understood that the ex-Boss would appear and plead te the indict- ment agasnst him, ‘Nhe court room, at the openiug | Ol the doors, was quickly Hed, every spot of sit- | ting room, standing room and coigne of vantage | being almost instantly taken possession of, greatly | to the inconveutence of many who had business | there, but who with great diMiculty found places to transact the same, A great deal of the dimculty and inconvenience experienced by lawyers and the | press was owing to the absence of all foresight and | discrimination on the part of the subordinate court | officials, who first allowed the eourt room to be jammed and afterwards roughly refused admit- tance to those having legitimate and pressing busi- ness there, About haif-part ten o'clock Mr. Tweed put in an appearance, Inside the bar the prosecuting coun- kel—Mr, Assistant District Attorney Algernon 8, Sullivan and Messrs. Peckham and Tremain—were | already seated. soon followed in the steps of their client Messrs, Field, Fullerton, Burrill and | others, After some preliminary criminal business | reported in detai! below, and just at eleven o'clock, ir, Sullivan rose and moved that William M. Tweed be directed to plead to the indictment against him. THE LAW'S DELAY PUT IN MOTION. Mr. Burrill said he anderstood that there was another tadictment for felony in the court, on which, he mncerateog, they were to argue a motion to quash. Judge Ingraham said he saw no propriety in not disposing of this indictment until after the motion on the other was made. Mr. Burriji said that he pressed It, as the matters now to be brought before the Court might lead him to allow @ reargument of the other motion. ‘The Court would remember that in the opinion it had rejected certain affidavits on the ground that they were made on mere information and belief, and there were other grounds to be presented which, as the two affidavits were found on the same day, might arply to both. Mr. Peckham objected that this was part of a dila- tory system by which the defendant dragged ou these preliminary matters, discussing each objec- tion section by section, so tospeak, cach one giving him more and more time, Mr. Tremain spoke to the game effect at some length, pointing out the various delays which had been already made and the indefinite delay that was now asked, Judge Ingraham here said he was not Inclined to favor these dilatory requests aud saw no reason why be should grant any reargument of the motion he had decided. The defence should have pre- sented all thelr grounds of motion, Mr. Burrill then asked leave to read an affidavit on that point, ( Judge Ingraham said that in addition to what he had said before, he wished to say that when Judge Brady postponed these cases last term it was op the express understanding that the motions be argued at the opening of thisterm. He therefore denied the motion of Mr. Burrill. Counsel wished to correct the Ceurt on a matter of facts. They were ready to argue these motions on the first Monday. When last Thursday the counsel separated it was understood that the first thing to be attended to this morning was the motion to quash on the remaining indictments. Mr. Burrill did not now propose to argue the demurrer to the indictments, but to present to the Court reasons why the indictments should | be quashed. If it should appear from these mo- tions that the Court should not have denied these | motions to quash, would it be consonant with His | Honor’s seuse of justice to have the defendant in | the position of a pleading defendant when it ap- peered to him that the indicument was fatally de- jective ¥ After some further urgency on the part of Mr. Fullerton and Mr. Burrill, the Court consented to hear those motions later in the day, but refused to | reconsider the motion he had decided in view of anything that might then be developed, THE AFFIDAVITS. After a considerable cb consultation be- tween Mr. ‘Tweed's counsel, Mr. Burrill recited the substance of the affidavits on which he had made his motion to reopen the argument of the motion to quash the indictment, already decided. The | substance of this is that the decision of tne Judge was based on the fact that his allegations were on information and belief; that he had no power to compe! those who could speak positively to make affidavit, but he had such persons by subpoena in the court room, and had the points as to these afidavits been taken on the previous argument they could then have supplied the defect by the oral examination of such persons, The decision of the Judge was, he understood, based on that ground, Counse) also presented the affidavit of H. J. Collins, setting forth what was done by Mr. Peckham in the Grand Jury room and stating that on the second examination testimony was taken only on the Keyser and Garvin charges, Mr. Tremain asked if that man was a Grand uror. Mr. Burrill said perhaps so. Mr. Tremain said if that had appeared he should required should not be disciosed, 14 Cp edeie said the motion of Mr. Burrill must be lenies Counsel asked whether they should consider this a denial generally or whether the Court would as- kign the reasons, ne Court said it must be understood as a gen- eral denial. Mr. Burrill then asked leave to move to quash certain of the counts, The Court said that they were not entitled to | that. The defence could take advantage of this by demurrer, Mr, Burrill then moved to quash all the counts on which, by Collins’ amdavit, it appeared the Grand Jury had had no evidence. This motion was denied. Mr. Burrill intimated that under the circum- stances Mr. Tweed would not plead, when other counsel for the defendant said, “Ob, no! he desires | to know what this Indictment is. Let it be read to | im. | Bd Ingrabam—Very well; let Mr. Sparks read | Mr. Sparks then produced the “big” indictment— | a huge printed guarto volume, containing over one | thousand pages. With a look of melancholy resig- nation the Clerk then rose and said aloud ;— READING THE BIG INDICTMENT. “William M. Tweed, the following is the indict- ment found against you in the Court of Over and | Terminer on the 17th day of October, 1872.” Alter the Clerk read the first page he came to a asked :— “Am I to read that 7” | Pea him with a felony under the Euforcement act of 1870. The question was whether this Court Schoppert et al. ve, Dorn ¢t ai.—Motion denied, | nad jurisdiction to discharge the prisoner on habeas | puleion. | corpus. The Court are divided in opinion, and the | writ is denied in consequeace. A decision of the | case would have involved aiso @ decision upon the | lity of the Enforce. | | ment act. raed lust Spring. In the ¢ 8 and others vs. the Phita- | delphia Reading Railroad and @ number of | other roads, the plaintiffs in error were collectors and officers of the internal revenue service, againet Whom suite were brought a# trespasscre, for having distrained certain property of the ri road company for an alleged non-payment of taxes, and the question ented Was whether, under the 122d section of the Interna! Revenue act, aa amended by the Of 1866, dividends deciared in the month of December, 1869, but payable in Jann- ary, 1870, were Jiable toatax., The judgment on demurrer below was for the railroads, and it is | here affirmed .by a divided Court. The cager were argued last Spring. . COUNT OF APPEALS CALENDAR. ry, N. ¥., Dec. 16, i812. | dar of the Court of Ap- pesis for December 17:—Nos. 565, 618 and seven other cases againet the New York Centra) and Rua- | son River Kaliroad Company, 34, 349, 421, 111, | 363, 9, Li CRUSHED TO DEATH. Coroner Schirmer yesterday heid an inquest iu the case of Thomas Kengold, a colored man, twenty. three years of age, who was crushed to death by | being run over by a train of care belonging to the New Haven Ratiroad Company, at Forty-seventh street and Fourth avenue, on the 12th ultimo, De- ceased, while unger the influence of liquor, at- | tempted to jomp aboard the train and wae van + Honed againet it, but heeding not the caullon fell | Defore the whee) ang wae Killfa A ‘The following ie the «: | defendant was not in Court. | throagn. Counsei—) ou are, sir; we are here under com- | ie Sparke then proceeded with bis wearisome task. After about fiftecn minutes Judge Ingraham sald | there Was uo use in reading the indictment, as the My. Peckham—And he didn't stand up te hear it, Counsel (vartly)—He if ip Court ond he is stand- ing up. He went to take @ drink of water; you kuow it is such dry reading. core “Bose” hurried back to bis place and sat jowD. Mr. Peckham—I submit that he must rtand up | during the reading, Juage Ingraham —Ob, go on. | After about twenty minutes more the Clerk came to the Jong bil! of Keyser & Co., and again thought 10 pass it by sayin; counse) for defendant insisted on his reading every word of itagain. The Clerk crew a deep igh and went ahead, ‘The reading began At twelve o'clock, Abont a | quarter to one Mr. Sullivan very considerately | suggested to Mr, Sparke not to read so loud if it | fatigued him. Judge Jugraham also directed him | | to Bit down. THE OLERK GIVES UR The Clerk, instead of skipping eight or a dozen pages at a fume, whieh Le might have done, as | nobody paid the lightest ntion to what he read, Went through it manta nd courcientiously, word for word, At twenty minutes to two he gave ont, and handed the hook over to the Court steneg- rapher. At two o lock sixty-one pages hat been gone Then the reading Yas etopped and a mcesenger sent for Mr. Tremain. THK DEPENDANT PLEADS. Mr. Dodiey Fieid p entered a demurrer, in Which the prosecation joined. Vis Honor overruled the Gemurfer and called up@o the prisoner to plead. { an; ame af! read before,” but | i | very even great Tweed case, which brings it to another jnmp, or — halt to the first ostew in Paget next, in which, according to the present prog: fe trial will be takeuup, and'what then he? MUNICIPAL AFFAIRY BOARD OF ALDERMEN, A meeting of this Board was held yesterday aiternoon, President Cochrane in the chair, The business was of @ routine character, and mainly confined to the passage of general orders. BOARD OF ASSISTANT ALDERMEN, The New York and Erie Ratlroad=A Lively Tike Between Two Aldermen= The hird Avenue Tracks To Be Raised. THE THIRD AVENUE TRACKS. Assistant Alderman Geis moved that the Come Mismoner of Public Works is hereby directed to require the Third Avenue Railroad Company immer diately to raise the pavement tothe proper grade between their tracks in Third avenue, from Twep, ty-first to Twenty-third street, where such pave ment is in a sunken condition. The resolution was adopted, CITY SUITS, Assistant Alderman Geis moved “That the Coun- sel to the Corporation be and he ts hereby directed to report to this Board, as soon as practicable, the name and nature ofall suits now in his office, and the amounts involved; also all cases pending before Court for decision, or vefore any releree or The resolution was adopted, CHORCH STREBS PAVEMEN' Assistant Alderman ROBINSON moved ‘That the Commissioner of Public Works be and he 1s hereby required to inform the Board by what authority Church street has been paved with Gundet pave- ment, at the rate of $6 per yard, without the knowledge of the Common Council” The mouon was lest. . THE NEW YORE AND ERIE RAILROAD. Assistant Alderman Gris brought up the fotlow- ing resolution, which was laid over at the last meeting :— ® Resolved, That the Comptroller be and he is he: rected to report to this Board at its next stated meeting the amount now due the city for rent of land, wharves, piers, slips and ferry purchases, and the names of parties or persong in arrears; as alo the amount due from per- sons who have tailed to pay the interest on their bonds and the names of referees.”” y ais SONS SO IN ARREARS; rr oF E | also by what authority the New York and Erie Railroad Company have been allowed to hold possession of the ack or ground bounded by Duane, Washington, Reade i West streets, without paying rent for the same since the year 1868, Assistant Alderman Connok said that there was no such railroad in existence as the New York and Erte Railroad, That company failed some years Br the Erie Railroad Company was organized. i fore, to make the resolution of Assistant Alderman Geis legal, the name should be changed to tie Erie Raiiroad. He should certainly support the resolu- tion, for a full and con ete reply would be given by the Comptroller, He should do this because Alderman Geis had made certain statements in an iuterview in the NEW YORK HERALD OF MONDAY. Assistant Alderman Geis—The gentleman has not answered my question. Assistant Alderman Connor—I don’t intend to, either. 1 don’t desire that the gentleman from the Sixteenth ward should cross-examine me. He has recently entered the legal profession and {don’t think him compevent to cross-examine me. Assistant Alderman Geis cha Assistant Alderman Connor with witholding information that was in his possession in reference to this resolu- tion. If he persisted in witholding it, he must, of coursé, submit, and await the reply of the Depart- ment of Finance, In reference to his interview ublished in the HERALD he thought that it would co extremely useful to the city if the press were tocomment more frequently on resolutions sub- mitted by the Board. The motion to insert the “Erle Railroad,"’ in- stead of “the New Yorkand Erie Railroad” was lost. The motion of Mr. Geis was passed unanin- ously with the exception of Assistant Aldermen Robinson and Gaivin, who voted in the negative. BOARD OF SUPERVISORS, Heavy Bills from Sheriff Brennan Action s to Armories and Orilll Rooms. 2 A meeting of the above Board was held yeater- day, General Cochrane in the chair. The fullowing business was transacted :— SHERIFF BRENNAN'S BILL. ‘The following bill of 1ees on Police Justice com mitments was submitted to the Board by Sheriff Brennan and referred to the Finance Committee :— For commitments and discharges trom April 40 to May 30, 1872 esses For commitments «tor Jun For official services for the quarter ending June 30, 1872 pea he For commitments and disc For commitinents and discharges for August. 4 d discharges for r quarter endi , 1572. 4 Piesech ts: For commitinents and discharges tor October, I For commitinents aud discharges for November Total... Al Supervisor CONOVER reported from the Commit- tee on Armories and Drill Rooms, respecting the communication from Henry A, Smith, submitting @ oposition to cancel the lease of premises occu- pred respectively by the Twelith regiment, Wash- ington troop, N. Y. 8. N. G., upon certain condi- tions, Mr. Smith proposed that the rent of the premises to May next be paid, and the committee recommend that the proposition be accepted, and that the rent of the P uises, 1, to 1,300 Broadway and 64 to 72 West Thirty-fourth street by paid by the Comptroller, The report was adopted, It was also recommended that the claim of Wil- liam P, Turner, for rent of armory 331 and 3. Fourth avenue, amounting to $2,705 62, be paid. ‘This was adopted, ‘The remainder of the business was of @ formal character. FLEETWOOD PARK. NRT ees 9 A Trotting Match in a Snow Storm. Notwithstanding the threatening appearance of the atmosphere yesterday alternoon a number 0! the admirers of the trotting horse congregated at Fleetwood Park to witness a match for $500, milé have objected to any statement of it as disclosing | heats, best three in five, between Mr. Bowen's gray what public policy and the oath of the Grand Juror | mare Jane, in harness, and Mr. Hanson's bay geld- ing Lyman, to wagon. Before the hour announced for the match to come off a brisk snow storm set in that suggested a postponement; but when the gentiemen who owned the horses came onthe ground they were both willing that the match should come off, and they accordingly selected judges and the preliminaries were quickly ar- ranged on the track. There was no unnecessary scoring indulged in and the horses were soow despatched to see which of the two was the best, Very little speculation took place on the event be- fore the start, but after the first heat, which was won by Lyman, the mare became the favorite at two to one. The snow at this time was falling very fast, and those that backed the mare reckoned that as the track grew deep with snow her chances would be the best. They calculated rightly. The gelding was beaten the second and third heats, and tien withdrawn, as he waa completely used up. About the time the race was over the snow changed to rain, and the ride to the city was very disagreeable. The foliow- ing are the details of the affair as it progressed :— THE TROT. First Heat,—The horses had @ good start at the | first time of asking, Lyman, ou the inside, taxing the lead. ‘rhey both broke’ up soon after leaving the score, and Lyman went around the turn with a lead of four lengths. This advantage he carried to the quarter pole, in forty-two seconds and a half, when the mare broke up agatn, and the wagon horse led along the lower turn a dozen lengths. At the half-mile pole Lyman led fifteen lengths, in 44, the mare being up and down severai tine: She afterwards trotted more steadily, and gaine gradually on Lyman, but she was beaten haifa dozen lengths, in 3:041;, vond Heat.—The betting was ten to five on the ray mare, Jane. Lyman bad halfa iengih the best of the send off, but he soon broke up and Jane took the lead around the turn and led three lengths to the quarter pole in forty-one and @ quarter seconds. Lyman closed up on the lower turn and there | was very little daylight between them as they pore the half-mile pole in 1:26. Going up the u!1 on the backetretch Lyman reached the h of mare, but jast as he showed in front he broke 1 feli back four lengths. The mare held this age to the three-quarter pole, when Lyman up 7s nd the mare led home on a waik 31044, fifty yards in front of the gelding, Third Heat.—Ten to two and & half was offered on the mi without takers, carrying the gelding to a break, P quarter pole three Jengths in front in forty-oue sec- ondsand three-quarters, Lyman trotted very rapidly for @ short distance on the lower turn and connnes the wheel of the mare, bot he then broke up, an the mare passed the half-mile pole four lengths in front in 1:26. Lyman now tired and broke twice alterwards. He was a distance out at the three- quarter pole, The mare jogged home, winning the heat by ninety yards. Time, 3:00%. Fourth Heat.—Lyman was withdtawn and the race terminated. The following 1s @ SUMMARY. FLEErWOOD PARK, Dee. 16,—TROTTING.—MateD W. Bowen named g, m. Jane, in harness, 2 1 1 1 W. Hapson named b. g, Lyman, towagon 1 2 2dr | $600; mile heats; best three in five. Mr. Meld then putin a plea of not guilty, and the trial was ses down for the Orat Monday in January. | fu ended another cay of the proceedings yo the | Third heat TIME, Quarter, Mile, | VWirst heat..... 2 3204 Second heat 304g ss