The New York Herald Newspaper, December 19, 1872, Page 8

8 THE COURTS. STOKES’ SECOND TRIAL COMMENCED, Appearance of the Prisoncr---Counsel forthe Prosecution and the Defence--- A Thin Audience. £ Another Effort to Obtain a/ Jury--- Challenges and Repiies, The First Juror ‘Called A cepted and. Sworn. The Assistant District Attor- ney Rises to Explain. Judge Boardman on the Liberty of the Press. Whree Jurors Obtained at the Adjournment. The second trial of Edward 8. Stokes, indicted Yor the murder of James Fisk, Jr., at the Grand Gentral Hotel in this city, in January last, was commenced yesterday in the Court of Oyer and Terminer, before Judge Boardman, of the Sixth Judicial district of this State. Judge Boardman, @t will be remembered, tried the notorious Ruloff for murder, the trial resulting in Rulof’s convic- ion and subsequent execution for the crime. The ‘attendance yesterday was notably small, the court room being not halffull. This, no doubt, was to wome extent due to the stormy weather, and partly also to the now recognized fact in all mur- ger trials that at least two or three days would be consumed in obtaining a jury. The prisoner, Stokes, was brought into Court by ‘the Sheriff and his deputies, and took his old seat beside his counsel. He looked considerably aged, but perhaps stouter in person than he was when ‘upon his first trial. His hair has become grayer, and he has lost, or else did not assume, his former jaunty air, but seemed depressed and conscious tnat he had a fearful ordeal to go through. The terrible tragedy, the shooting and death of Fisk, occurred nearly a year ago, and while it whocked severely the nerves of the citizens of New York, the first impression which it created speedily gave way to the conflict of the counter sentiments of two strong factions—the friends of Fisk and the Mriends of Stokes. This fact lent to the recent trial B greater tragic interest and filled it with many Gramatic situations and episodes, which set it apart as one among the most remarkable and singular ‘upon record, It began on the 19th of June and closed on the 15th of July. It is not likely that THE REACTING OF THE PLAY will be go full of sensations, although undoubtedly the suspense of those who will watch it and are interested in its dénouement will be most intense. Since the first jury cailed to try the prisoner, at present in question for his life, “agreed to dis. agree” over the evidence produced in Court, eight weing for conviction of the hignest offence and four for a lesser one, the spilling of blood by vio- lent hands in this city has not in the least degree wveing diminished, but, on the contrary, the fre- quent and horrible occurrence of murders has been more rapid and startling than perhaps ever before in the memory of those unsated human vultures ‘who feed upon horrors, Two weeks ago the un- educated murderer, Rodgers, whose crime was committed in a fit of drunken insanity, was HANGED LIKE A DOG ON THE GALLOWS fn the Queens county jail yard. Cells in the Tombs in New York are crowded with other male- factors whose crimes, equally bloody and horrible, were committed in moments when they would be supposed to have been possessed of ordinary coolness and _ self-possession, and after months and weeks of incarcera- tion and delay the movements of justice in their regard have not been promising of very speedy punishment. It is for this reason that the second trial of Edward S. Stokes, who is admitted to have killed James Fisk, Jr., on the 6th of January last, is looked upon by the public with great and critical interest. At half-past ten o’clock yesterday morning the Court opened. Judge Ingraham was on the bench and disposed of some smaller cases of law, and then gave place to JUDGE DOUGLAS BOARDMAN, of Ithaca, who is to preside over this trial. There Was the usual excitement, and the spectators Strained eagerly to gaze upon the central figure— @ young man, in the primo of his years, awaiting solemn trial for his life. The prisoner was seated on the same spot as on his former trial, and was surrounded by four lawyers and two or three | g| @eputy sheriffs. His aged father was seated at his wight, and near him was his youngest son, who re- sembles very much the unfortunate brother, COUNSEL FOR STOKES. The counsel on the present occasion for Mr. Stokes are Messrs. Lyman Tremain, John T. Towns- end, John R, James Passus and J. D. Weed, Many individuals of the auaience expressed aloud their surprise that the well known face and form of Mr. John McKeon was not to be seen beside that of his former counsel, COUNSEL FOR THE PUBLIC, On the side of the prosecution, Colonel J. R. Yellows appeared forthe people, assisted by the wame gentlemen who were before associated with Judge Garvin, Messrs. Fullerton and Beach, THE PRISONER, When Colonel Fellows at length moved to pro- eed to the trial of the prisoner, Stokes ceased to wonverse with a neighbor, and looked up with very apparent nervousness in his manner, THE FIRST JUROR called from the panel, Mr. David S. Eggleston, was accepted with very little hesitation, and imme- Giately took his seat. great sight of relief, as 1f they felt assured at once shat there would be very few diMculties raised to render slow and tedious the obtaining ofa jury. But they subsequently became aware of their mis- cake and settled down despondently to endure a week of dullness. The privilege of per- emtory challenge was subsequently pretty freely indulged in, although the defence began by giving “promise of great liberality in their examinations. Mr. tggieston is a gentleman of a rather pleasing presence, with a broad, massive head, of which the brow is high and is marked with evident intel. ligence. are dark and clear; his hair isof a light brown; his chin was the shape which, according to Lavater, denotes Armness, combined with benevolence and sound judgment. His manner, on being sworn in asa juror, showed that he felt somewhat deeply the significance of the responsibility placed upon im. The Clerk, with an accent of solemnity, said, “duror, look upon the prisoner; prisoner, look upon the juror.” Then the oath was adminis- tered, Stokes meanwhile glancing from the floor to the ceiling and then swiftly, but furtively, at the mewly empanelled juror, THE SECOND JUROR ‘who was sworn in is Charles 0, Loper, a large, ®road-shovidered man, who is about fMity-five years of age. He wears a brown wig, carefully ad- dusted, and whiskers, which are dyed toa very dark hue. A Roman nose and o firmly defined chin, with a rather low brow, complete the fea- tures of his physiognomy. His eyes have a certain Kindly, humorous expression that evidently im- pressed Counseéilor Tremain quite favorably, and he was accepted, THE THIRD JOROR, Theodore Mayauy, j# & Uy yyunner than the sec- NEW ‘YORK HERALD, THURSDAY, DECEMBER 19, 1872.—TRIPLE SHEET. ond, Hg ia & little bald, wears Whiskers and mus, tach ofa tawny-gray and glasges, His face bears the marked features which would indicate a mexea Roman and Hebrew Pebrised e Probably hie an- ‘estore were of the timeyof Paul, Judge Boardman, before the Court adjourned, appointed three officers to remain with the jurors tll brought into Court this morning. The Proceedings Yesterday—Calling the Jury. Judge Boardman having taken his seat on the bench, Assistant District Attorney l’ellows rose and moved the TRIAL OF EDWARD S. STOKES for the murder of James Fisk, Jr. The Clerk of the Court, Mr. Sparks, then pro- ceeded to call the panel of petit jurors, The slips were then put into the box and the Clerk called the first juror, DAVID 8. EGGLESTON, iron merchant, No. 8 East Thirty-fifth street. In reply to questions put by Mr. Tremain he said he had read very little of the testimony on the trial; he had formed and expressed an opinion, Q. Was that to get rid of jury duty? A. No; 1 had formed strong impressions at the time of the occurrence from what J read of it;I should hope, even if Thad an opinion, to be fair enough, if cir- cumstances were afterwards presented to me of sufMicient weight, to be able to change my opinion, still I think my impressions would hardly leave me an impartial juror; Ihave talked about the case about as much as would be natural; I remember that I have expressed opinions about it; I was summoned to appear as a juryman on the ist of December; I think I have since then expressed my opinion that I was not competent to serve on this case; that was brought out in general conversa- tion, not by the officer who summoned me, Mr. Tremain here stated that notwithstanding the evident feeling of the juror, they were so anxi- ous to expedite the trial that they would with- draw the challenge. Mr. Fellows renewed the challenge for the prose- cution, Mr, Eggleston had no prejudice against the death penalty. He thought the killing was murder, but that rested on what he had read in the newspapers, Hl Both parties accepted him as the first juror, James T, Maguire, broker, was examined in the same way. He supposed he had an opinion, though as it was based on the statements of the press, and not on sworn statements, he could not callita fxed opinion. Mr. Townsend here challenged the juror, but it was conciuded that they might as well go on with the general challenge without appointing triers, The juror continued :—He did not know Mr. Fisk or any one intimately connected with him: except his desire to get off the inne he knew but one thing that would be against his sitting on the jury; he had got up a cartoon in an illustrated paper representing Fisk ag a lion; that was not directed against the prisoner, but against the ministers of Brook] and the press; it was a lion's body with Fisk's head, with some ministers as asses— (laughter) — kicking him, and a representative of the press, ‘To Mr. Fellows—I don’t know any of the mem- bers of the house of Phelps, Dodge & Co.; I read all that sppeaen in the morning papers; reading so much I didn’t form any decided opinion; | don’t know the prisoner, Mr. Fellows challenged him peremptorily. Paul Baskerville, baker, had only such opinion as he had formed from reading the accounts of the occurrence; he had not read the proceedings on them, but thought it would require evidence to re- move his opinion; he had not had dealings witn Mr. Fisk or any one connected with him; he had not een “Black Friday,” but had read of it. Ex- cused, CHARLES 8. LOPER, SECOND JUROR. Mr. Loper said he was not now in business; was formerly a dealer in building materials; could de- cidejimpartially on the evidence; had no acquaint- ance with Fisk, and has none with members of the house of Phelps, Dodge & Co, Accepted and sworn, THEODORE MALLABY, THIRD JURU?. Mr. Mallaby, of 124 Waverley place, ans\ered the questions put to him satisfactorily t® counsel on either side, and was accepted and sworn, James 8, Schofield, druggist, thought tf he knew himsel! as well as other people knew themselves that he could give an impartial verdict ;" had read the papers and formed an opinion that Stokes killed Fisk. Alter cross-examination by Mr. Beach the prosecution renewed the challenge, and it was overruled by the Court. Challenged peremptorily. Henry Siegman, importer of German cloths, No, 815 West Twenty-second street, excused, Johnstone N. Hegeman, druggist, has trade busi- ness with the Eric Railway, and has formed a de- cided opinion as to the prisoner's guilt, but would do his best to act only on the testimony, Challenge withdrawn, To Colonel Felloys—Has seen Dr, Shine’s pre- scriptions; has several drug houses; read Dr. Shine’s testimony last trial. The challenge was renewed by the prosecution and was overruled by the Court, whereupon Colonel Feliows challenged peremptorily. Arthur D. Fiske, who is engaged in the transpor- tation of grain over the Erie Railway, said he never never saw “Black Friday’ played. Challenged peremptorily by the defence. DISTRICT ATTORNEY FELLOWS RISES TO EXPLAIN. Colonel Fellows, prosecuting on behalf of the pe le, rose And addressed the Court as follows:— Your Honor, | deem it but right to ask your atten- tion for a few minutes, It is but fair, your Honor, essential for this prosecution and but simplo justice to myself, thatI should call your attention to a statement in one of our daily journals of the city this morning. With your Honor I had not tre pleasure of & personal acquaintance until you came to preside over this trial, and therefore your Honor knows but of my character and habits. Those who know me best know that since I have held official position | have not accustomed myself to reply to the criticisms of the journals on my conduct or on | my method of administering afairs in my oficial | capactty; I preferred that m acts should speak for themselves. I know that, however powerful this agency and instrumentality of the press may be, | the persons who write the articles for it, and fur- nish the news for it, are fallivle human beings. I ao not care to present even the name of the jour- nal, the paper referred to, in which @ hope was ex- Pressed that the trial would not be conducted by Assistant District Attorney Feilows, a person who bent over the coffin of Fisk and exclaimed, ‘“Good- bye, dear boy, | mg ‘ou were always @ true and steadfast friend to me.”) The jpeaker continuea—Now, your Honor, it ts | unfortunately too true that very much of the crit- | teisms and comments upon the actions of the per- sons charged with official responsibility grows out of that prejudice, political or personal, to which editors, like other men, are subject, and of whicn they may no more readily divest themselves than other men. My purpose in calling attention to this article is simple. has read it, and I suppose his counsel have seen it, and no doubt your Honor has read it, and those summoned here as jurors may have had their attention called to it, Honor, presiding over this high tribunal, should The people then uttered a | His mustache 1s dark brown; his eyes | know whether the person who appears be- fore you as the oficial representative of the people tn the prosecution of this indictment isa person properly the subject of such imputa. tions, My relations with Mr. Fisk were not any- thing like as intimate as they were with the prisoner at the bar; with that man (Fisk) I never had any business transactions of any kind in my life; I had been introduced to him, and the only times I ever remember to have met him were in connection with the litigation going on between the prisoner at the bar and him, or rather in which the prisoner was a witness, and where Lappeared on the part of the county aud was trying to arrange amicatly between those parties; my relations were not any- thing like so intimate with him as they were with the prisoner at the bar; as to the language and actions attributed to me over his coflin, IT 18 WHOLLY FALSE, and the gentleman who penned that paragraph has been entirely misinformed, [am not likely, on any occasion, outside my own family, to give y to such ebullitions of feeling; and it is suffic for me to gay that nothing of the kind occurred | while his body was lying in the Grand Opera House, | I passed by his coitin, with thousands of others, as I did by the coflin of the eminent gentleman who died a few days ago, casting a glance at the tea- tures, and nothiug more, | have been associated in business re! nesses at the hands of the prisoner at the bar, and I have not felt that tt would be proper for me to call on him or communicate with him since his in- | carceration, as | was one of the and L did pot Know but I might act in his case. the unjust and scandalous accusation cast upon @ called upon to me, | George Jones—who wore his Winter fars—here , and, in joud and emphatic tones, said, san i I say it is your duty boldly to name the edi- tor, and not by your silence stigmatize others,’ | (Laughter.) WHAT JUDGE BOARDMAN THINKS, Judge Boardman—The article alluded to has not come under my notice. The explanation made is very appropriate, and justified entirely by the nature of the article which has been read. It would give me great pleasure if the newspaper press of the city would avoid any commen es du the progress of this trial, upon the manner In whieh it 1s conducted, or the merits of this case. It is Seite ahEe too trae that in the enterprise and activity which stimulate newspaper men to get readable articies or sell their papers or attract attention they are too much disposed to say things which may be tnjurious to the proper ad- ministration of justice; and while it is impossible for me to contro! these things, I repeat again, it would give me pat pleasure if in this jnsian the press would observe the DECOROUS SILENCE as to the merits of this case which its importance and the inter involved seem to require, and have boat comments to make they would come very jately and do no hai ie Court bere took ar . After the recess John B. Outeaul, builder, No, 242 West Filty-tif street, was chaltenged peremptorily y the delence, During the examwation of Jauies B, Byor, Jurui- Was brought into contact with James Fisk, Jr.; | little | (Here Colonel Fellows read an article from | The prisoner, no doubt, | It is but just that your | tions with and have received kind. | ublic prosecutors, | Touly wish to relieve myseif from | wait until the case is disposed of, and then if they | tmre dealer, No. 277 Canal street, the first two jurors were appointed tryers, several jurors were and examined, but up to the adjournment of the Court no additional juror, was obtained, Before adjourning Judge Hoardman appointed oMeers, who will remain with the three jurors at their respective homes for the night, The Court then adjourned, BUSINESS IN tHE OTHER COURTS. In the United States Circuit Court yesterday, Judge Shipman and the special jury resumed the hearing of the case of George Washington Bowen vs. Nelson Chase. An argument was had as to the admissibility of certain evidence by which the plaintiff offered to prove that Madame Jumel admitted that she had had an illegitimate son. Mr. O’Conor, for the defendant, claimed that such evidence was wholly inadmissible, Counsel for plaintiff will re- ply on this point this morning. In a recent issue of the HERALD we stated that one Pierre Bertin, a Frenchman, had been arrested in this city on a charge of having murdered a boy and attempted to kill a young woman in the neighborhood of Rouen, Normandy. His examina- tion was to have taken place yesterday before Commissioner Kenneth G. White, but as the papers in relation to this accusation have not been yet re- ceived from the French government the case was adjourned for a fortnight, Yesterday B. D. Fairman, of 44 Vesey street, was brought before Commissioner Shields on a charge of having in his possession and also with selling unstamped tobacco. He was held in $500 bail for examination, The defendant pleads that he was ignorant of the law. Samuel Cohen, Ignatz Kanders, Moritz Somers and John Kalfke were charged before Commis- sioner Shields with having in their possession a quantity of United States mail bags. A truck load of these bags was found at 22 Lispenard street, where the accused conduct their business, It was proved on the examination that the defendants bought the articles in good faith from Walker H. | Elitott, 149 West Browdway, and from Charles McGinness, 67 Sheriff street. They were therefore discharged, Charles McGinness, of 67 Sherif street, was brought before Commissioner Shields yesterday on a@ charge of having a quantity of United States mail bags in his possession, He was held in $500 bail for examination, Judge Ingraham, in the Court of Oyer and Ter- miner, dented yesterday the application to post- pone the trial of William ©, King, chargea with the murder of Anthony O'Neil!, so as to enable a com- mission to be sent to Germany. He thought, however, the necessary testimony might be pro- cured before the case would come on for trial. A verdict for $1,000 damages was yesterday awarded in the Superior Court, before Judge Freed- man, to Abraham Newileld, for malicious prosecu- tion, against Hayman Copperman. The latter, as alleged, made certain statements showing that the | former set fire to his premises, and for such | alleged false statements the damages were given. In the General Sessions yesterday, August Wood, & Swedish sailor, pleaded guilty to manslaughter in the second degree, he having stabbed George Wood, in Water sireet, on the night of the 13th of June. Recorder Hackett, who invariably imposes the full penalty when pleas of mansiaughter are interposed, sent Wood to the State Prison for seven years, UNITED STATES CIRCUIT COURT. The Jumel Property Case—Testimony Offered to Show That Madame Jumel Was « Mother—Argument Upon 3. Betore Judge Shipman. Yesterday the further hearing of the case of George Washington Bowen ys. Nelson Chase, was resumed in the United States Circuit be‘ore Judge Shipman and a special jury. Mr. Chatfield, counsel for the plaintit, called Mrs, Mary M. Mumford, and proposed to prove by her that during some conversation she had had with Madame Jumel the Madame had owned to her that she had had an illegitimate son, Mr. O’Conor, on the part of the defendant, ob- jected to the reception of that kind of evidence, and for the following among other reasons :—First, estate by proving that Bowen was the illegitimate | son of Madame Jumel; that the law of evidence | states that an estate cannot be taken away from a person except upon the tes- timony of wituesses who swear of their own knowledge in regard to certain tacts. Mrs, Mum- ford did not know of her own knowledge that Madame Jumel had had an illegitimate son, and any declaration to that effect, even if Madame Jumel said so, would not be evidence in this case, His next objection was that the rule of evidence, which had come down to them from time im- memorial, was that the declarations of persons deceased could not be proved in t manner, un- less the surrounding circumstances of the case tended to corroborate the testimony of the wit- ness, It was not to be supposed for a moment that a woman who valued her reputation and good name as Madame Jumel did; a woman who had an influential position of wealthand pride in this community, would declare that she had had an il- legitimate child. Ceo of blasting her fair name and reputa- tion by making any such declaration. [1 George Washington Bowen had been ner son, why had she not corresponded with him? Why had she not rec- ognized him? But she had never done so. ‘At the conclusion of Mr. O'Conor’s argument the Court adjourned to enable one of the jurymen to attend the funeral of a friend. ing reply to the argument of Mr. O’Conor, UNITED STATES COMMISSIONERS’ COURT. Charge of Stealing Mail Bags from the Post Office. Before Commissioner Shields, For some time past large quantities of mail ; bags have been missed from the Post Office. The United States Marshal instituted inquiries into the matter, and the result was that many of these articles were found in the store of a junk dealer in Pike street, named Lamb. Lamb made afidavit that he bought about four thousand pounds of those bags from one Charles McGinness, 57 Sherif street, | On Various occasions during the past month or two. , | Yesterday McGinness was arrested, aud held in | $600 bail for examination. Special Agent Knapp, with Deputy Marshals Crowley and Purvis, were in- strumental in hunting up this case and arresting | the alleged onenders, | GOURT OF ‘OVER AND TERMINER, The King-O'Neil Tragedy—Application | to Postpone the Trial Denied—Case of Martin, the Alleged English Forger. Before Judge Ingraham. At the opening of this Court yesterday morning Judge Ingraham announced that he had decided to deny the application made on the previons day asking for a postponement of the trial of James 0. | King, accused of the murder of Anthony O'Neil. The postponement, it will be remembered, was | asked for in order to allowa commission to be sent to Germany to take testimony as to the men- tal condition of King some time ago. He dented it on the ground that the evidence sought was not shown to be necessary—it relating to an attack of mania as far back as 1869, and without dence would be admissible, and, besides, it was pretty sure that before it could be rendered on the trial there would be ample time to have the com- mission returned. Two or three weeks were likely to be occupied in the Stokes trial, and there were | Other important trials to occupy the attention of the Court. He therefore granted the commission, but dented the stay, with leave, however, to re- new the motion should the commission not’ ve re- | turned in time. Martin, the Alleged English Forger. Some time since there was pubiished in the HERALD an account of the arrest in this city by English forger. Martin was arrested steamer immediately on his arrival, such arrest being made pursuant toa cable telegram previously sent to the police authorities, setting forth that he had procured £700 on a forgery in Liverpool aud then fled to this country, He was brought yesterday into this Court upon a writ of habeas corpus, and his counsel, Mr. William F. Howe, asked his discharge. He claimed that a telegram was hot suMcient ground for holding a man and depriving him of his liberty on mere suspicion of the commission of a crime, ‘In support ot Fh he cited the case of Arthur Henry, | in 29 Howard, whose discharge from arrest was ordered by Judge Bacon, of Utica, on precisely the same ground, Assistant District Attorney Fellows made a strenuous opposition to the application, He claimed that there was very reasonable ground for PEE ely Weed prisoner had committed the crime of which he was accused, A ier nome further argument the Judge adjourned ' Court, | that it was sought todeprive Mr. Chase of his | She would not give any one an | Mr. Hoar, of counsel for plaintiff, will this morn- | any further proof of a return of the disease, It Was not at ali clear, he considered, that this evi- | Detective Eider of Francis Martin, an alleged | on the | the matter over till next Monday, to enable further evidence to be obtained. SUPERIOR COURT—TRIAL TERM—PART 1. A Company Not Responsible for the Acts of Its Agent. Before Judge Freedman. B, Wood vs. The Panama Railroad Company.— The plaintiff was formerly assistant engineer on a steamer of the defendants, On the steamer was, as allegea, $12,000 in specie, and this having turned out missing he was charged ~!tn being implicated in its loss and arrested at the instance of a special agent of the company at Panama. Appearing for the plaintiff was Mr, D, B. Eaton, which was his first appearance in any Court proceedings since the violent assault committed upon him some two years ago, He moved a dismissal of the complaint on the ground that the agent had no authority from the defendants to make the arrest; that he went beyond the mete) of his authority in causing the arrest, and that the company were, there/ore, in no way responsible, ‘The Court granted the motion, SUPREME COURT--CHAMBESS. The Special Sessions Exceeding Its Au- thority. Before Juage Leonard. James Irving, a boy fourteen years of age, was some time since tried at the Special Sessions on a charge of petty larceny, convicted and sent to Hart's Island. Application was made yesterday by Mr. Abe H, Hummel! for his discharge. The ground taken was that the Special Sessions had no right to send him there, and that the law incorporating that institntion gave such power only to the Com- missioners of Charities and Correction. After some discussion the Judge conceded that Mr. Hum- mell had the law on his side, and ordered the dis- charge of the boy, Decisions. ay Judge Leonard, Charlotte 8, Hickop vs, William H. Hickop.— Jidgment divorce grantea. King vs. King.—Counsel fee $50. Allowance to plaintifY $8 per week from the commencement of the action, Gorton vs. Gorton,—Judgment ordered. Gordon vs. Gordon,—Memorandum for counsel. Whitney et al. vs. Meyer.—The plaintilf is en- titled to judgment on the report, Einstein vs. Dion (two suits).—The answer puts in issue a material amount in the manner per- mitted by the Code, 1t cannot for that reason, if for no other, be stricken out as frivolous, SUPERIOR COURT—SPECIAL TERM. Decisions, By Judge Monell. Adrian H, Muller vs, Elias W. Higgine.—The laintiff is entitled to a trial feo for the trial of an sue of fact, but not to any costs as for a motion, sy Judge Curtis, Lucinda Wilson vs. Augusta D, Wilson.—There must be an order granting the plaintiff's motion to strike out the answer 80 far as the same sets up Suarees of adultery against the plaintit, unless within five days after the service of such order upon his attorney the defendant shall comply with the order directing the payment of alimony. COURT OF COMMON PLEAS—SPECIAL TERM. Decisions. By Judge Larremore. FACtsh am vs. Roeher.—Plaintitf has a full remedy at law. Bremer vs, Lyons.—Motion granted. Farlow vs. Bird. pplication granted. Pitts vs. Pitti issues settled. Diver vs. Handron. ate one settled. Wolff vs. Muller,—Notice of this application must be given to the parties, Bleeker vs. Lawrence.—Motion denied; costs to abide event. Reese vs, Rutherford.—Reference ordered, The Equitable Life Assurance Society of the United States vs, Beach.—Referee’s report con- firmed ; allowance of two per cent ordered, The Globe Mutual Life Insurance Company vs. Burchell.—Motion granted, Goldman vs. Kane.—Application granted, The Second Union Co-operative Land and Build- ing Society vs. Peters.—Application granted, MARINE COURT—PART |. Decisions, By Judge Joachimsen, John Murphy vs. Frederick Leporin.—Verdict for plaintiff for $1,043 74, John H. White and Another vs.John Theiss.— Complaint dismissed. William F. McNamara vs, James M. Spellissey.— Veraict for plaintiff, $225. Jeremiah pec wiey vs. Charles B, Wood.—Verdict for plaintiff for $130, Abraham Lichtenstein and Another vs, Charles Frank and Another.—Verdict for plaintiff, $162 and interest, MARINE COURT—SPECIAL TERM AND CHAMBERS, Decision. By Judge Gross. Thomas Clarke vs. Maurice Fitzharris,—Motion denied, with costs, COURT OF GENERAL SESSIONS. The Water Street Homicide—A Swedish Sailor Pleads Guilty to Manslaughter in the Second Degree, and is Scent to the State Prison ‘for Seven Years. Before Recorder Hackett. Yesterday Assistant District Attorney Stewart called on the case of August Wood, indicted for the murder of George Wood, who was not related to | the accused in any way. The prisoner was with- out counsel, and the Court assigned Mr. Howe to | conduct the defence. There was no difficulty in | obtaining a jury, and it took only a few minutes to | bring out the testimony for the prosecution. It | appeared from the evidence of John McGrath that the deceased and the accused were sallors, | the latter a Swede and the former ao “runner” for a sailors’ boarding house a short time before he was killed; that on the night of the Mth ; ofJune the deceased and the prisoner had been round drinking together, and ata quarter to tweive o’clock at night they came up in front of Jehn | Leason’s boarding house, 376 Water street, and | commenced to quarrel about twenty cents paid in some place they had visited, which resulted in a fight; the deceased succeeding in throwing the pri- soner down; they both fell together, the deceased under, striking his head on the curbstone, which made a wound which caused him to bleed; the de- ‘| ceased went away about fifty feet to the corner of } Oliver street, and the prisoner sat on a “chair beside McGrath; he (tho prisoner) | commenced to tantalize the deceased, pulled a knife out of his pocket and said, “Come back, I am able to fight you again.” The witness said bh had his knife out five minutes and that he endeay- ored to induce him to close it. The deceased ap- proached the prisoner and the fight was renewed, | and the next that McGrath heard was the deceased saying, “Lam cut.” The prisoner ran up stairs andentered Mr. Leason’s room by breaking the door open. Shortly after an officer was called in who arrested August Wood and took him to the station house, je returned immediately to the room and found a knife with blood on it behind the bureau. The wounded man was taken to the sta- tion house and from thence conveyed to the Park Hospital in an ambulance, where he died the fol- | lowing day. At the conclusion of the testimony Mr. Stewart informea the Court that the counsel tendered a plea of guilty of mansiaughter in the second de- gree, which he was willing to accept, believing that the jury would find no higher verdict. |. Mr. Howe said he believed that the jury would | not be warranted in finding a higher verdict than | manslaughter in the third degree; but, as verdicts of juries were very uncertain things, he deemed it prudent to advise the prisoner to plead guilty to manslaughter in the second degree. | The Recorder in passing sentence said that he | did uot, believe there should be any temporizing | | With crimes of this character at the present time, | and thought the District Attorney acted mer- cilully in accepting the Wood was sent to t tate Prison for seven years, that being the highest penalty that could be | inflicted. When the prisoner was being removed from the bar some of the jurors said, “We would | not have done better thau that.” | Pleas of Grand Larceny and Sentences, Charles Law, indicted for stealing a silver Watch worth $10 on the 18th of November from Utto Boettger, by force, while walking in Fifth strect, pleaded guilty to an attempt at robbery in the first degree. His Honor imposed the full sentence, which was five years in the State Prison, John Lawson, charged with burglary in the sec- ond,degree, he being found in the house of David | Bell, 480 West Twenty-seoond street, on the 19th of October, pleaded guilty to go78 larceny and was sent to the State Prison for three years and six months, Jerry Williamson pleaded guilty to an attempt at grand larceny—tie indictment alleging that on the 22d of November he stole $533 worth of honsehold porstiy, which was in the custody of Harriet Kee Hashen, He was sent to the State Prison for two years and six months, A Captain of a Schooner Acquitted of an Alleged Larceny. Joseph Parker, captain of the schooner Fulton, was tried upon a charge of grand Jarceny, in | stealing, on the 29th of October, @ ton of pig iron, valued at $55, the property of Thomas Pope & Brother. The onty evidence against the accused was that of Henry P. Flagler, the mate, who was jointhy | that the plaintiff had no rig! | and are invalid for that reason, and for the | says, of the Court, the jury rendered a verdict of not guilty, COURT CALENDARS—THIS DAY, SUPREME CourT—CHAMBERS—Held by Jndge Leonard.—Nos, 23, 35, 37, 54, 64, 76, 77, 94, 95, 96, 97, 98, 99, 100, 101, 103, 103, 104,’ 105, 106, 407, '108, 145, 147, 118, “cail'122, SUPREME CouRT—SPECIAL TERM—Held by Judge Fancher.—Demurrers—Nos. 18, 23, 31, 17, 25, 19, Law and Fact—Nos. 26, 5, 48, 55, 87, 8, 35, 30, 89, 91, Ss Io} 94, 95, 97, 98, 99, 160, 86, 9, 27, 28, 54, 1, 10, SurERIOR Covar—TniaL TexM—Part 1—Held by Judge Freedman,—Nos. 1877, 1895, 1657, 1109, 1267, 1825, 1815, 1627, 751, 1077, 1827, 1571, 1881, 1108, 1753, Hee, aso tan ih Sa a ia, “S 1 y 6 370, 112, 22s, 1006, 126, 202, 1623, 1998, 1612, 400, SurREME CourT—CrrculT—TRIAL TERM—Part_1— Held by Judge Van Brunt.—Case on. Part 2—Held on fog ads 1238, 702, 088, 1140, 89634, 1108, ARIN: if CoURT—TRIAL TERM—Part 1—Reld by Judge Shea,—Nos, 1749, 1144, 636, 556, 844, 15 1000, 136, 1138, 478, 1622, 1148, 1160, 1152, 1154. Part 2—Held by Judge Joachimsen.—Nos, 1353, 1145, 806, 651, 1667, 1501, 799, 1129, 1133, 821, 1167, 1199, 1173, 1175, 1181, 1177, Ps by Judge Cur- tis,—Nos, 936, 932, 971, 975, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1067, COURT OF COMMON PLEAS—TRIAL TERM—Part 1— Held by Judge Brady.—Nos, 1073, 1707, 1034, - q , 5 5 2495, 1721, 763, 506, 2807, 1247, 50, 1854, COURT OF GENERAL SESSiONS—Held by Recorder Hackett.—Robbery, Thomas;Brown and Thomas Donohue ; felonious assault and battery, Catharine Kelly; burglary, William Davis, George Carver, James Dalton, Thomas ey, Edgar Wood, Daniel Quinn; grand larceny, James Watson, Lavinia Hall; carrying conceaicd weapons, James Watson; larceny from the person, William Stone. UNITED STATES SUPREME COURT, A Complicated Case—Claim by an Alien for Captured Sugar Declared Void— Validity of Certain Railroad and County Bonds—Constitutionality of the Prohibition Law—Implication Against a State Supreme Court. WASHINGTON, Dec, 18, 1872, No. 9 Original—Roberts et al vs. United States—Motion for Mandamus.—In this case the petition was dismissed, and motion was made for anew trial, Subsequently application for an al- lowance of appeal was wade, upon stipulation be- tween counsel for claimant and the Attorney General that it should not prejudice the motion for a new trial; and still, thereafter upon motion, and by mistake of associate counsel for the claimant, the appeal was allowed, Afterward, upon motion of associate counsel, the Court re- voked the order allowing the appeal. Thereupon the motion for a new trial was brought forward, but the Court, of its own motion, refused to entertain it, as an appeal had been allowed, and held that its action in setting aside the allow- ance of appeal was without jurisdiction, as the case had passed to the records of the higher Court, ‘The remedy sought is @ mandamus to compel the Court of Claims to proceed to hear and determine the motion for a new trial, and it is contended that the mere order of the Court allowing an appeal does not deprive the Court of jurisdiction until the appellant has by perfecting his appeal removed the cause from the records of the Court from which the appeal is taken. Thomas Wilson and R, M, Corwine for motion. No, 73. Montgomery vs, United States—Appeal from the Court of Claims.—This was an action to recover $37,000, the same being the proceeds of certain captured sugar seized in Louisiana soon after the occupation of the city of New Orleans by the federal troops. Montgomery’s claim is based upon acontract made with one Burbridge as the agent of L. L. Johnson, of the parish of La Fourche, by which the sugar crop of that plantation for 1862 was sold to him. Montgomery was a British sub- ject, resident in New Orleans, where his contract with Burbridge was made, aiter the occupation of the city by the Union troops, Johnson, Burbridge’s principal, being a resident of the parish named, which was still within the rebel lines. The Court of Claims held that the true construction of the contract was that it Was an executory contract of sale, and not an executed one, and that it was void between the parties for want ofactual delivery ofthe property before the seizure vy the United States; und that the intention to have the title to the prop- erty pass would not avail without actual delivery. It was aiso held that the contract was in fact be- tween an enemy and an alien triend, and was, therefore, void, The appeal maintains that this ruling waserror. T. J.D. Fuller for claimant; C, H, Hill for government, No. 74. Magwire .vs. Tyler et al.—Error to the Supreme Court of Missourl.—This is a contest con- cerning certain lands in Missouri, commenced ,by Magwire to establish his title under a Spanish Grant to one Brazeau, The judgment below was for the defendants there and here, and this Court subsequently reversed that judgment on writ of error, holding that the legal title was in the plainwiff, and remanded the cause with directions to the Court below to proceed de novo, in accord- ance with the opinion in the case. The State Court tried the case again, and again decided ht to equitable relief under his petition and proofs, and that the legal title cannot be tried in equity in Missouri; also that the plaintiff admitted the legal title tobe in the defendants, The case comes here again to have the mandate of this Court enforced, the parties alleg- ing that they are satisfied the Supreme Court of the State will not concede their rights, It is here said by the defendants that the decision of this Court before was based on an issue not made in the case, as the question of who heid the legal title was not involved, and that it was therefore coram non judice, aud required €xplanation now. L. 8. Glover and J. M. Carlisie for plaintiils in error; B, A. Hill for defendants, No. 839, Chicago, Burlington and Quincy Rajfl- road Company vs. County of Otoe—Certificate of Division from the Circuit Court of Nebraska.—The questions upon which the judges below disagreed, and which are presented here in this case, were whether a statute of the State, approved February 15, 1869, authorizing the county to issue bonds in aid of a railroad outside of the State, conflicts with the constitution of the State of Nebraska, and, whether the County Commissioners of Otoe county, under that act, could lawiully issue the bonds from which the coupons in suit were detached, without the proposition to vote the bonds for the mapas indicated, and also a tax to pay the same Ravi ing been submitted to @ vote of the people of the county, The ratlroad company maintain the validity of the bonds and the county contends that they were not authorized by a vote of the Peo le irther reason that the bonds were donated to the road and not subscribed, as is the general form of such ald. Submitted on the printed briefs. J. M. Wool- worth for plaintit?; G, B. Scofield for defendant. No, 390, Bartemeyer vs, State of lowa—Error to the Supreme Court of Iowa.—This cause presents the question of the constitutionality of the Pro- hibitory Liquor law of lowa. The plaintiffin error was convicted under it and here maintains that it is in conflict with the federal constitution, because it forbids the importation of liquors into the State except under certain restrictions, and discriin- inates in favor of the citizens and products of the State as against the citizens and products of other States, by providing for the ‘manufacture and sale of beer, cider from apples or wine from grapes, currants or other fruits grown in Iowa.” ‘These pro- visions are urged in conflict with those rovisions of the federal constitution which vest in Congress the power to regulate commerce with dad nations and between the States, and forbid preference in favor of the ports of one State over another, and the laying of imposts or duties on imports or exports. ‘It is alyo said that the law deprives of property without due process; that the liquor in question was owned by the accused at the date of the passage of the law and that itis exempt from the operation of the provisions. The case is submitted on the printed briefs. William T. Dittoe Jor plaintif’ in error; Henry O'Connor for State of lowa. COURT OF APPEALS CALENDAR, ALBANY, N, Y., Dec. 18, 1872. The following is the Court of Appeals calendar for December 19:—Nos, 111, 393, 9, 387, 512, 94, 390, oD THE AUDITOR OF THE FINANCE DEPART- | T. ew York, Dec. 17, 1872. To THE EpiTor OF THR HERALD:— Lread with great interest your masterly editorial on the peculiar method of economy and reform practised by Mr. Andrew H. Green, and I think it may not be out of place to cite another instance of his singular economy, In the conscientious discharge of his duties “our lynx-eyed Comptrolier” finds it necessary to en- gage the services of a gentleman to audit the claims against the city at the trifing remuneration of some eight thousand dollars per annum. This Auditor, {t Capek Invariably requires a personal interview with all claimants against the city. ‘This has a suspicious lo but, of course, as Voltaire “La pudeur it enfuite des creurs et s'est refugiée sur les levres,”” It appears strange that 80 —_ asalary should be paid to any one person for auditing the city ac- counts; but, I presume, it is merely another in- stance of Mr. Green's incapacity or favoritism. I would remind the ee, that," Vixere ‘fortes indicted, who, upon cross-examination, admitted that he was arrested once before and imprisoned in the jail at White Plains, The prosecung oficer Dractically abugdon¢d the case, and, by dyection ante Agamemnona,” and in @ country where mike ligence reigns supreme there is no reason why the city should be aMicted with an incompetent Comp- roller, Yours respegttully, CITIZEN, stated, | | foun: | above such cowardly vipers NEW YORK CITY. The premises of Messrs, A Berman & Co., Ne Broadway, were entered by burglars the before last and property valued 2, The police are looking Tor t turgirs . This even'ng Mr. William Anderson will de his mstructive and amusing lecture on “Cour: and Marriage,” in the Beek Episcopal churgh, Fiftieth street, leg and Second avenues, in gid of the organ fund, The two boys John and Samuel McKinley, | were tried at the Special Sessions the @ay be yesterday and discharged, were boys of exce) character and not pickpockets as was erroneo | To meet the reduction in the appropriation | salaries in the Department of Public Works missioner Van Nort has still further reduced salaries of a number of employés in the su tending and clerical force, and dispensed wit! services of others, effecting a saving of $2: apnually, James Lawler was brought up at Jefferson 1 ket yesterday, charged with @ felonious assaul) John ©. Dalton, in a saloon on Spring street, on morning of the 16th. It was at first thought ton’s injuries were serious, and he was take Bellevue Hospital. Subsequent examina showed that he was in no danger whatever, Lawler was admitted to bail in the sum of $1, answer. | Coroner Herrman yesterday held an inquest / the body of Michael Dowling, a man fifty-s¢ years of age, who died in the charity hospital f compression of the brain and extravasatior blood, caused by injuries received about | days ago by accidentally fulling down a figh neeaOne steps, corner of Stanton and For reets, Sixty cases of delinquent policemen were yesterday morning by Commissioner Barr. greater number of the charges were for the nay offences of dereliction of duty. The cl against Officer Dunne, of the Twenty-nmth cinct, was referred to the Board. Commissic Henry Smith was in the building for some he during the day. Professor Tyndall, while staying at the Brew« House on Tuesday night, was robbed by some | glar @r thief of £50 sterling. It appears his r was entered during a short absence and his p manteau burst open, from which the said amc was quickly extracted. His letters, docume lectures, &e., were all left scattered on the fi} The Professor deiivers his second scientific lec: this evening in the Cooper iustitute at ball) seven o’cloek. The Rey. Father Burke was to have lectured evening at the Rev. Father Donnelly’s chu Ninth avenue and Thirty-second street; but ov to illness he was obliged at the last momen Geeunorny the large audience who had proc tickets for the lecture. Under the ctroumstan no evening could be named for the lecture, but! announcement of it will be made when Fa) Burke’s health is restored. The wonder is, that Father Burke should have Gece peters that he could have believed himsei physic strong enough to continue to lecture on Mon evening at Scranton, on Tuesday evenin; Brooklyn and on Wednesday eveni in York. The great preacher’s health, howeve: not seriously. impaired and his recovery is lo¢ for after a few days’ rest. THE CHILD ROASTING CASE IN MANH TANVILLE. ee ES Full Explanation of the Matter— About a Drunken Father—Mis' of Dr. Truchsess—Testimony of Physicians. The case of Andrew Dolan, an infant, six. months old, whose death, at the residence of parents, in Lawrence strect, Manhattanvill¢ was alleged by Police Surgeon Rodenstein, been caused by its father, Terence Dolan, by fully seating the infant on a hot stove while drt as previously published in the HERALD, was yet day investigated before Coroner Herrman at City Hall, The allegation of Dr. Rodenstein regard to the burning being malicious on the, of the father, it appears, was quite unfounded asmuch as Mr. Dolan distinctly informed O'Leary that while drunk the child accidentally from his arms on the stove, and thus received) burns complained of. Coroner Herrman having summoned Drs. 0°1, and Trucksess to hear what they had to say it Jation to the matter, these gentlemen yeste! came down from Manhattanville and were amined under oath. Subjoined will be sour synopsis of the testimony elicited :— Cornelius M. O'Leary, M. D., of Tenth ave and 130th street, deposed that on the 10th ins was called by Terence Dolan, living in Lawr: street, between Ninth and Tenth avenues (Man tanville), to see his child, which he said was su ing from bruises received by falli from arms on @ hot stove while he was drank, Dolan said Dr. Truchsess had seen the ¢ who, not improving, he was anxious the ness should call and see him; half an } after Dr. O'Leary called to see the child and fc him dead; the ‘mother and Espo net of) ceased were there and blamed the father, but) not say he had injured his child intentionally ; — Dector made no examination of the body, ar deemed it to be the duty of the physician who been in attendance to make the oficial report. give certificate of death, James Truchsess, M. D., #prnctiaing spnyes for nineteen Gre living in Lawre! sty between Tenth avenue and Broadway, test: that on the 30th of November last he was ci to see Mr. Dolan’s sick child, and fe that it had been burned on the back; ap; the proper remedies and left instructions fo! future treatment of the child, at the same w ing to be informed from time to time how the ¢ progressed as he did not think it to be in a dan ous condition; not having heard ee a from the family for over a week, Dr. Truchset ne the house called in and Baw the child’ ring from convulsions or inflammation of brats there was no one in the room at the ti atterid to the child; he considered the family ~ careless in not caring for the sick child; prescr. nothing further for. the child; after death Dolan wanted a certificate and the witness g one, in whica he set forth that the child had die inflammation of the brain, aropsy: of | brain and dentition; was never informed by | arents how the burns were received, and did| Inquire about it; have treated several of the fai promeensl ; has practiced his profession in ‘welith ward for nineteen years; was also visi! physician of the Almshouse Governors for tl Years; in the opinion of Dr. Truchsess the c died of convulsions brought on by teething, death may have been hastened by the burns ceived; did not mention the burus in the cer cate, not deeming it necessary; I now think I m a mistake in not stating in my certificate to Board of Health that the child had received bu) The father of deceased will be called to give testimony, which will close the cage. A PRAOTICAL QUESTION, How Long Shall Marderers Rule in N York? To THE EDITOR OF TRE HERALD:— Str—When will New York awaken from lethargy and rid herself of those human viperi the Simmons stamp? The whole country blighted, socially speaking, with the curse t hangs over it in the existence of such feroci beasts as the murderers of Donohue, Maud Mer, Julia Smith and Duryea, My ace in beng American is fast fleeing away before these butcheries, Such a deliberate and cold-bloo: murder as that in Liberty street could never h occurred in any English or French city, for reason that the onlookers there would have swered the murdered man's cry, and, at the ris! their own lives, seen fair play accorded him by} oie adversary. These human tigers can in no other country on the earth but Air ica, and still justice sits with folded hands and } the bloody carnival go on! be prosecuted and However duellists mi placed in France or Italy, their chivairy exhi! that manhood and true bravery which places th ‘Simmens and Sc nell as the heavens are above the earth, News, N. Y., Dec. 17, 1872, A Man Who Wa js to Commit Mard. New York, Dec, 17, 1871 To Tue Eptror oF THE HeRaLp:— As you are a well known friend of the oppress and always ready to give advice to those in ne of the same, I have taken the liberty of address you on a private matter of my own, which conce nobody but myself, as the other party, ifeve thing turns out satisfactorily, will have no int est in the affair. To stare my case plainly, 1 wi to killa man who has insulted me. He haa cal mealiar. Since that time I have been insal but, for fear the insanity dodge might not work well as it formerly has done, | have determined be on the safe side by applying to you for 80 points. My circumstances pecuniarily are 1 very healthy, but I have some friends who wo) raise a certain amount. 1 want to know w) amount is necessary to give rg og munity from justice.” You will please Marry w your answer, astam a desperate man and" have blood, Init dy not want to lose any of my o Yours, &e., A READEE