The New York Herald Newspaper, December 28, 1872, Page 8

THE COURTS. STOKES-FISK MURDER. THE Eighth Day of the Trial and First Opening of the Examination of Witnesses for the Befenee. STOKES UPON THE STAND. His Version of the Shooting—The Scene on the Stairs—A Very Rigid Cross- ° Examination. A Protracted Session—The Case To Be Resumed To-Day. eR th THE STOLEN GOVERNMENT BONDS SUIT, + Vermilye & Co, and Adams Express Company in the Case—The Government Plaintiff in the Suit—The Defence of the Express Sus- tained as Against Vermilye & Co.—Important Decision. Proceedings in the trial of Edward 8S. Stokes were resumed in the Court of Oyer and Terminer yesterday before Judge Boardman. The court room was filled to its utmost capacity, as on all the previous days of the trial. But very few of Me witnesses for the defence were in attendance, and attachments were asked for and issued to compel their prompt attendance. The prisoner himself was placed on the stand and gave his version of the whole occurrence. He was, however, constantiy interrupted by Mr. Beach, for the prosecution, without causing any | great variation of his tale. The entire of the fore- i noon was taken up with the evidence of Stokes, | and the whole of the afternoon, down to the time | for adjournment, with his testimony on cross-ex- | amination, Yesterday James Carron, a boarding house keeper, of No, 6 Hamilton street, was charged be- fore Commissioner Osborn with naving violated the Shipping law by forcibly taking trom on board the British bark Cymbeline a trunk belonging to John Symmons, an English sailor, employed in that vessel. Carron gave bail in $500 for examination. Symmons claims that Carron assaulted him, but this was a mavter of which the Commissioner could take no coguizance, In the United States Circuit Court yesterday Judge B.atchford rendered a decision in the case of the United States vs. W. R. Vermilye & Co. and the Adams Express Company. The question was to determte the ownership of governuient bonds to the amount of $5,300, which had been purchased by Vermilye & Co., as they claim in good faith and for a valuanle consideration, but which the Adams Express Company alleged were stolen from them while being conveyed in their express from two banks, one in Tennessee and the other in Indiana, Jor redemption by the government. The express i company claimed that notice that the bonds had been stolen had been given to Vermilye & Co. The decision of the Judge is in favor of the Adams Ex- press Company as against Vermilye & Co, Ta the case of Lizzie Dugan, an infant, Judge Leonard has rendereé a decision, in which he considers that neither of the parties secking the child's custody is fit to have it awarded to her, THE STOKES TRIAL. The Testimony of a Witne: Read for the Defence. Upon the convening of the Court of Oyer and ferminer yesterday morning, Mr. Dos Passas, of counsel for the defence, read the testimony of Lawrence Carr, taken before the Coroner's jury, Mr. Carr being now deceased, The testimony was to the effect that the witness had driven Stokes, on the day of the shooting, from the Astor House to the Hoffman House, thence to Twenty-third street (where Mra. Mansfield resided), where Stokes stopped, but did not alight from the coupé; then down to the corner of Fourth street and Broad- Way, where the prisoner got out and procceded down Broadway in the direction of the Grand Centrai Hotel, on the opposite side of the street. Witness was certain there was no carriage before bim from the time he left Twenty-third street until Stokes got out. THE PRISONER TESTIFIES. Mr. Tremain called Edward 8, Stokes to the Witness stand, aud the prisoner stepped briskly forward. Q. Mr. Stokes, you are the prisoner in this case ? A. Tam, sir, Q. What is your age? A. 1 am thirty-one years old; was born in Philadelphia, where I iived for twenty years; I came to this city from col- lege and went to live with my uncle, Mr. Clinton | Gilbert. Q. What did you do after that? the oil business and-— Mr. Beach—I object, Your Honor, to the witness | going into a history of his business, | The Court—I am inclined to think, sir, the evi- | dence is admissible, | Q. How long did you continue in that business ? | A, Until Mr. Fisk removed me from it. Mr. Beach moved that the answer of the witness be stricken out. | The Court ordered the answer stricken out as | Tequested, as improper, | Q. What date was it that you left that business * A. It was about the 4th of January, 1870, Q. Where was this’ A. In this city and in Wil- liamsburg. Deceased A. I went into Fisk? A. In July, 1 I think, JOSIE MANSPIELD'S SUIT. Q. Were you up at Justice Bixby's Court on the 6th of January last? A. I was, Q. Was it in the case where Josie Mansfield was complainant aud Fisk defendant? A. Yes, sir; and I waé a witness for the complainant, Q. Was Fisk there? A. No, sir; I had not seen him for three weeks before that time, Q When did you leave Justice Bixby's Court? | A, I left there about two o'clock, with Join McKeon and Colenel Fellows; we drove to Delmon)- co's and had some refreshments there; I left them | there and proceeded to see Mr. Rufus fF, Andrews, and after that I went to Mr. Francis H. Bixby’s . Ofllce, No. 4 Warren street; then I took a coupé ani drove tothe Hofman House for some papers connected with my Court of Appeals case, Mr. Beach here objected to any testimony re- lating to that case as outside the issue. Mr, Tremain—We propose to go over the ground of all his acts and movements that day as part of the res gesta au showimg the intent of the pris- | oner, If they are going to oppose our right to do | are prepared to meet them here and now. | he Court—1 admit the ucts 4 movements of | the priscuer for the day, not, however, ag res gesta, | THE WITNESS CONTINU Witness--After I got these papers I iound that a telegram [had sent to John L. Doty, one of the | juages, had been returned as not directed pro- perly; 1 telegrapucd a second time to have him meet ine on Werinesday. Mr. Beach again iuterposed an objection anda jong and Warm argument followed, Mr. Beach and Mr, Tremain sustaining each their views of what was and What Was not legal testimony, The Court decided that any deciaration going to show the acts of the prisoner was competent, Witness—1 met Mr. McLangiiin on broadway, as I was coming from the telegraph ofice, and I re- | safe Q. When did youbecome acquainted with Colonet | & ceived some information in regard to some of my witnesses from him; I sent another despatch to Mr. Doty, having got the right address; 1 was Mansiicid to get some ut; I supposed that Mr. Fisk was ill that days Lkuew nothing of his whereabouts; hadn't #topping at tne Hofman House; I had a box there | in my pocket to go down to the witnesses and for my letters; I started to the residence of Miss | their statements; Assemblyman Irving, Mr. papers 1 found the house | it Mis closed, and thinking 8 Mansfield had re- | tired I would not disturb her; told the driver to drive me to the Grand Central Hotel; WE DROVE DOWN SEVENTH AVENUR to Fourteenth street, thence down Broadway to Fourth street, and when we reached that Street I knocked at the window and got seen him for a long time previously; did not know that Mr, Fisk was in the habit of going to the Grand Central; I was not in the habit of going there; had never been on the second story of the house before in my life; I met Mr, Smith, Mr. In- ihemus in Fourth street, ow gol through w: way; met Mr. Bailey, a friend of mine, at the corner of Broadway and Amity street, on the opposite side of Broadway; I asked im to walk down as far as Nibio's with ine, and he consented; when we got OPPOSITE TUE GRAND CENTRAL I noticed the lady in the window; I thought it was a lady lL had met in Saratoga; I crossed over, Mr. Balley refusing to go with me, and entered by the private staircase, The witness here showed on the diagram his movements after entering the note) pointed out parior No. 7, where the lady was standing. Found | was mistaken, and walked along the cor- ridor peste peacink, room, I think pest the dining- Teom hall; 1 passed several times the parlors, and Was going out, and had descended two or three steps of the private staircase when I saw Mr, Fisk; Thad on a pair of driving gloves and along co; white—a storm coat; I had a small cane mm wy han at the time; 1 GENERALLY CARRY A CANE; Thad both gioves on; 1 had no idea of meeting Fisk at the time; I had no knowledge, notice or suspicion that Mr. Fisk would come to the hotel; I had the pistol shown with me; I bought it six months be‘ore that time; I know I had got down several steps when I saw Fisk; I was going to Broadway; the light was good at the head of the stairs, but rather dark at the bottom; I first no- ticed Fisk as he got within the inside door; we were both on the right hand side of the stairs; when Fisk reached the small landing, seven steps from the bottom of the staircase, I recognized him, and seeing him with a pistol in his hand, jumped to the opposite side of the stairs to get out of the direct line of fire; he was in the act of cocking his weapon, and I, upon seeing the action, drew my istol from my outside coat pocket, cocked t quickly, aimed aud fired as quick as could; .alter I fired the first shot Fisk turned partly round; I fired again, and-all he said was, “Oh, ’m shot—stop!’”? and I stopped; Thad no Intention of killing him; I knew my life was in danger at the time; I pulled my pistol and cocked it with the same hand, not usin; my left hand at allin the action; I fired as quic' as could; Isaw the boy Redmond at the foot of the stairs, cleaning the top glass; | have seen and heard the testimony of the boy ‘thomas Hart: as I reached the lead of the stairs I made use of no such exclamation as “I’ve got you now,” upon seeing Fisk, A SENSIBLE REPLY. Q. Why did you not retreat upon seeing Fisk with his weapon? A, Because I had no chance to retreat, This reply of the witness brought on a little windy war’ between counsel. Mr. Beach wanted it stricken out, but the Court refused to comply. Aiter the shooting I was a good deal bewildered, andl remember but jndistinetly where £ jumped to; 1 think, though, it was about to the door o1 one of the parlors opposite, possibly parlor No. 219; I met several people, and asked two or three times if there was a doctor in the house, saying there was @man shot. The witness then went on to describe his going down stairs to the main hall, and his being sur- rounded afterwards by o number of people, his arrest and being confronted with the deceased in one of the rooms of the hotel. He said that Fisk, upon his being brought into his presence, merely said, “That Is Mr. Stokes,” and added nothing about the shooting; he (deceased) seemed as if he did not wish to see the witness, Q. Prior to the time of the shooting, had you Rpael ee, information of threats made against your ley THREATS AGAINST STOKES. Obdjected to, but objection overruled, A, Yes, Thad. Q a whom was such information given to you? A. Weil, by several, including Miss Mansfield. Q. Had you, Felor to this, twice observed persons dogging your footsteps, and were you in fear of personal violence? ‘The question was objected to, and was put in an- other form. ‘The witness answered that he had received in- formation from a Mr. Brady that Fisk had offered to pay $1,000 to a certain man to ‘ay him out,” oe Yecess Was taken at this stage for halt an our. After Recess. Stokes resumed his seat on the witness stand upon the Court reassembling, which it did at a quarter of two o'clock. STOKES’ OPINION OF FISK, Witness—At the time I met Fisk on the stairs I knew him to be an anscrupulous, desperate and vindictive man, who would hesitate at nothing to carry out his designs; after I lett Fisk’s room I was taken to the station house, and sent immediately for Mr. McKeon; he came in about an hour; I saw. my brother Horace previous to that; my other brother has joe died; I saw Mr. Bailey also, but Was not pe: to speak with him, aithoagh I did speak to my brother lor a ‘ew moments; I went to the ofice of Mr. Rufus Andrews for the purpose of finding out if I went to Providehce would it be likely that Mr. Fisk would say that I had absconded, knowing he had gone before the Grand Jury in relation to an indictment against me; T then went to Mr. Justice Bixby and asked him What he thought upon the same subject; he ridienied snch a notion; both pee ot were lawyers, and are yet, 1 believe; alter getting into that-coupé I had no idea that there was an indict- ment found against me; | wanted to go to Provi- dence on tke jollowing Monday, as my case there was set down for the next day for trial; the case Was set down for the 9th of January by THE COURT OF APPEALS; the Board of Appeals held a meeting a week or two previous to that time; I heard yesterday the testimony of Mr, Parker; whep he appeared on the stand 1 was convinced that I never saw the man in my life before; I never called Fisk “a damned Dlackmailer,” and said I had a pistol jor him; never had any connection. with the man, and know nothing about him; it’s all a fabrication trom beginning to end; I did know a Mr. Drum- ; mond; he was the proprietor of the Worth House, on Fifth avenue, where I had resided for overa year, The witness was asked if this Mr. Drummond had toid him that persons had been put on his track by Mr. Fisk to do lim violence ? The question was objected to and a little discns- sion followed. The Court allowed the question to be put in another form, The witness said that Mrs. Williams informed him that it was like Fisk to put persous on his track to injure him; that was Misk's usual custom of managing similar affairs, On motion of Colonel Fellows the answer to the question was stricken out, as the presumptions of Mrs. Williams were not admissible. Witne: At the time of the meeting of Fisk and myself we were hostile towards each other; had becn for over a year, off and on. Mr. Treinain put a number of questions to the Witness, under objections from the Bh a most ae were ruled out as leading and im- material. STOKES AFRAID OF HIS LIFE, “ Mr. Tremain suid that he o fered to show that Jor a long time previous to the 7th of January the prisoner was compelled to ride through the city in covered carriages, and had to resort to niring persons to accompany him during such driv jrom apprehension of violence at the hands of p fons employed by Fisk for that purpose; and tur- ther, that rufianly looking characters had been seen dogging Stokes and hanging about his hotel lying m wait ior him. Mr. Beach argued extensively in opposition to allowing any such evidence to be received, Mr. ‘remain spo for half an hour in repiy, alter which the question as to whether the witness had apprehensions of personal violence was al- lowed, although the witness was instructed not to state the precise nature of those apprehensions, FISK'S GRAVEYARDS. Witness—I had grave fears for my personal Mr. Fisk told me at one time that he had yards for those who crossed his path, and that his touch was cold and clammy; he made use of that expression on the 22d of February; he further added that Dorman B, Eaton had crossed his path, but that he wouldn't trouble him any more, i THE CROSS-EXAMINATION, Mr. ‘Beach procceded to cross-examine the witness, Witness—The case at the Yorkville Police Court Was a criminal suit instituted by Miss Mansfield against Fisk; I had been sworn in the case asa witness; I don't think that I employed Mr. McKeon in that case; Mr. McKeon was my lawyer, but I don't know whether 1 employed him in that par. ticular case or not; the character of the complaint in that case was the using of ap afidavit made by the colored boy, King. Here further argument was indulged in by coun- sel, and when it had ceased the Witness continued his testimony as follows :— I think ¢ decision of Judge Brady deny- ing my motion to dissolve Fisk’s injunction as regarded tue publishing of various letters and afiidavits was Riven previous to the homi- cide; 1 really cannot be certain; yes, sir, I did go to Mr. Andrews’ office to ascertain about the indictment; that indictment was one for an da conspiracy to blackmail, against Miss ld and myself; Mr. Fisk had been trying all nmer to have an indictment found of that nature; I had before that tried to get an indict- ment against Fisk from the Grand Cty of the General Sessions: I did not go before the Grand Jury, because they would not let me; Iwas not allowed a chance ti do 80; I WANTED TO GET AN INDICTMENT against Fisk jor perjury or subornation of per- jury; it Was about twenty minutes of three when we got to Delmonico’s on the day of the shooting; 1 had some oysters and ginger ale; no person left Delmomico’s with me; Mr, Bixby’s office is at No, 4 Warren street; the office of Mr. Andrews is right opposite the City Hall; I went to the Hofman House to get the aMdavit of Mr. McLaughiin, an affidavit of my Own, and statements of several wit- nesses; I got them all, with the exception of the original agreemen. of a horse race between Mr. Smith and myself at Fleetwood Park in July; there was $11,000, avout, at stake; I put ail the papers Laughlin, Mr. Doty and others were the wits I had no interview with any person on the of this race until | came down from my room at the Hofman Honse; Lasked Mr. Jones, clerk of the house, What time the last boat left for Long ranch; I thought 'd go down, because Mr. Doty, one of the judges, was down there, and I had to have him ; J after ds CONCLUDED THAT I WOULD NOT GO}; Tfopndl gould telegraph Mr, Doty instead; I went ij spoken of; Iwas going ol ' to Twenty-third street to fet, the original paper on 3 Monday morning; ere were no witnesses there; I think I pie 3 pee. there on the vious Saturday; | had not n to Mansfleld’s since three or iour days prior to the Saturday of the shooting; Ihad gone to Mansfeld’s to make a Visit, and sat looking over some papers she had of mine ; Mrs, Williams was there about that time; I believe she had been divorced from her husband; 1 did some waving 65 the house; I was drawing an aftidavit in regard to the evidence of a Mr. Somerdike; I had understood from him What his evidence would be; on the 6th of January I went to the house of Miss Mansfeld for the pur- pose of getting this afidavit; 1 DID NOY GRT OUT OF THE COUPE, because I observed all the blinds closed, and I recollected that she was ill; 1 never had a night- key to her house; there was no one came to the window while I was there; I looked.out, and would have seen them if they had; I then told the driver to tuke me to Broadway and the Grand Central Hotel; I went then to Chamberlin & Dodge's; I drank there; I met Mr. Baily when I came out, and with him walked near to the corner of Bond street; I met him on the right band side of Broad- way, going up; I was to see Mr. Irving on Saturday at John J, Bradley's stables on Thirteenth stree:; Mr. Baily.and myself walked down Broadway to Bond street; we turned, and walked back again; we wished to finish a conversation; the conversa- tion was about my advancing some money to my bi other Horace to go into business; 1 SAW THE LADY IN THE HOTEL AS we were going down; also as we ae up again; I thoughtshe was a Mrs. Henry, whom I did know; 1knew her, perhaps, pretty well; when I had crossed over and ascended the stairs I found out that I was mistaken, and walked leisurely along the hall towards the dining room, to let the lady see that I had not crossed for the purpose of an- noying her; I don’t recollect precisely when I dropped my pistol after the shootin: know I dropped it somewhere; no person said, ‘And hes the man that shot ulm; it was not sald in my presence; neither DeCorley nor Hart made use of any such expression; there was nobody who could have scen the shooting unless they had run away 88 soon as it occuryed, and that is barely poss:ble; I saw Mr. Fisk as he was entering the inside door of the staircase; it was pretty dark at the bottom of the stairs, but quite light at the top; 1 knew it was Mr, Fisk as he entered. At four o’clock the court was adjourned till half- Past ten this morning. THE STOLEN GOVERNMENT BONDS. Bae | Suit by the Government Against Ver- | terday miiye & Co. and the Adams Express Company to Determine the Ownership of $5,300 Worth of Government Bonds, Stolen from tne Adams Express Com- pany and Alleged to Have Been Bought in Good Faith by Vermilye & Co.—Im- portant Decision by Judge Blatchford. Yesterday, in the United States Circuit Court, Judge Blatchford rendered a decision in the case of The United States vs. Washington R, Vermilye & Co. and the Adams Express Company. ‘The bill in this case sets forth that the defendants, Vermilye & Co., claim to own five of the obligations of the United States known as seven-thirty notes for $1,000 each, issued June 15, 1865, and three of such notes for $100 each, issued on the same date; that such eight notes were sent by Vermilye & Co. to the piaintifffor payment or redemption, Vermilye & Co, claiming that they had purchased these notes in good faith and for a valuable consideration, with- out notice or suspicion that the seller was not the owner of the notes; that the defendants, the Adams Express Vompany, likewise claim to be the owners of all of the notes, and that they were stolen from them about the 22d of May, 1868, and that their title to the notes was never parted with; that | each of the claimants has notified the plaintitfs not | to pay or deliver the notes to the other; that the plaintits have been always willing to deliver the notes and to pay the money secured thereby to the | persons lawfully entitled to receive them;. that they offer to deliver the same into Court, and that they do not collude with either claimant, and have not brought this suit at the request of either or both, and have not been indemnified by either or both, The prayer of the bill is that the defendants inay interplead and settle their rights to the notes and to the money | secured thereby, and that the plaintiffs may | be at liberty to deliver the notes to the Court, and that the defendants may be enjoined from com- mencing any suit against the plaintiffs touching the premises, and tat the plaintiffs, upon the pay- ment into Court of such amount, and procuring the defendants to interplead, may be discharged-of all liability to the de endants in the premises. The answer of Vermilye & Co. was their owner- ship of the notes, and denies that the Adams Ex- ress Company has any interest in or title to them, t avers that the notes were purchased and received by them in the ordinary course of business at their banking house in this city; that at the time of this purchase they paid full value for the notes; that they bought them in good faith, and without any knowledge or notice that the parties (rom whom they purchased the notes were not lew!lul owners of them, and in the full pelief that such | pid were such owners; that they forwarded the notes to the Secretary of the Treas- ury, at Washington, for redemption and payment, the notes having then become due, and for no other purpose; that it was the duty of the plain- tiffs to have redeemed and paid the notes to them, or to have returned them to Vermflye & Co. ; and that they demanded a return of them from the plaintiffs before the commencement of this suit. ‘rhe answer asks that the Court will adjudge that Vermilye & Co. are the owners of the notes, en- titled to recover aud receive them or the amount due thereon, Adams Express Company put in an answer de- nying the ownership of Vermilye & Co., claimin; that they purchased the notes in good faith an for a vajuable consideration, without notice or sus- Picion that the seller was not the owner of the notes. lt sets op an ownership in the company, and avers the character of the company as a car- rier and forwarder of money packages for hire, and that it Was 80 in May, 1868, between New Al- bany aud Indiana and New York city, On the 19th of May, 1868, the First National Bank at New Al- bany, Ind., owned one of the $1,009 notes; that on that dj \d place the casnier endorsed that note as tolloWs : ‘ay Secretary of the Treasury tor redemption. W. Mann, C Or “Pay Secretary of the Treasury for conversion. W. Mann, Cas.!? This note, placed in an énvelope, was addressed to the Secretary of the Treasury at Washington, and while it was in possession of the company as car- rier it was stolen from them and came into the possession of some unknown person. Tne note subsequently got into circulation, but with an endorsement bearing traces of attempted oblitera- tion, On this ground the Secretary of the Treas- ury re‘used to redeem or convert it; the company paid the bank the amount of the note, and claims to be entitled toit and the amount due upon it. With erate ct to the seven other notes, these were also received by Adams Express to be forwarded ew York, the notes being the property of the First National Bank of Clarksville, Tennessee; but they were stolen on the way, and subsequently got imto the possession of Vermilye & Co., that firm having purchased them, as they declared, in good faith and in the same mauner as the other note. But the Adams Express Company claim that Ver- miiye & Co., prior to purchasing the notes, received notice that the notes had been stolen; and that if Vermilye & Co. parted with vaiue for the notes | they did so in violation of the notice from the Adams Express Company that the endorsements ‘upon the notes had been tanrpered with. The Adams Express Company paid to the two banks respec- tively the entire Value of the stolen notes, Judge Blatchford recites the whole history of the trans- action, It is objected, he says, on the part of Ver- milye & Co. that the express company has no title to or interest in the notes, other than that which arises from its hi % paid the amounts of the notes to the banks, and that there is no evidence of any transfer to the company of the tities of the banks or of any other person to the notes. The Judge holds that the facts proved are sufficient to establish the right of the Adams Express Company, | as against Vermilye & Co., to recetve payment of | the notes irom the United States, and to protect the United States in paying the notes to the com- pany. There must be « decree in favor of the ex- press company. C, A. Seward and C. M. Da Costa for the express company. J. E. Burrill for Vermilye & Co. TOMBS POLICE COUAT. Burglary the Bowery. About tive o'clock yesterday morning OMeer Allred Anderson, of the Fourteenth precinct, while patrolling his beat heard suspicious noises, but, | owing to the snow storm, could not trace their | origin, ‘He entered a vacant building in the neigh- borhood of No, 86 Bowery, and made his way to the roof, Officer Mitchell, also of the Fourteenth pre- | cinct, accompanied him, and they traced foot- | prints in the snow across the roofs until | they reached that of No. 96 Bowery, where they found the scuttle open, They went down the Stairs to the first floor, which is occupied by Van- | deriip & Taylor as a gentiemen’s furnishing goods house, and Jound the safe broken open. The hatch- way door leading to the basement was also unfa: tened, and, goigg down, they found two men named Edward Barker and John Wright, couceaie amid a pile of ng and a jimmy, screw and bit lying pear them. Both men were secured and arraigned betore Justice Dowling yes- morning. Barker gave hie ‘oc. cupation as that of ao machinist, but Wright follows no occupation, The complaint was made by Mr. John Taylor, of the firm of Van- derlip & Taylor, who charged that the sae had been rified of $100, Both prisoners were committed by Justice Dowling without bail. The Friend of Her Husband. Christmas Day a person giving his name Joun Beech visited Mrs. Mortimer, the proprietress of a NEW YORK HERALD, SATURDAY, DECEMBER 28, 1872—WITH SUPPLEMENT. ance, but he very readily reassured her by stating that he was a warm personal friend of her husband. “But my husband has gone to the other side,’’ replied Mrs. Mortimer. ir. Beech—Oh, I knew all about that. But the fact is—I may as well be frank about it—I would like to dine here to-day, Mrs. Mortimer, who is a fine-looking, roseate ish matron, could not resist this appeal to her hospitalicy, on that day especially, and told him he was weicome to share her Christmas dinner, Mr. Beech thereupon betook himself to the festal board and remained long. Dinner over, however, he evinced no inclination to take his leave, and the jair hostess was forced to give him a hint to that effect, He thereupon vanished, to all ap- pearance, but ony to turn up ata late hour in the evening, secreted under the bed of one of the boarders, who was about retiring. The latter possessed @ valuable watch, as well as wearing apparel, and he naturally concluded that Mr. Beech’s intentions were decidedly dishonest. An omficer was called in, and “the friend of Mrs, Mor- timer’s husband” was gree into his custody. Yesterday he was committed by Justice Dowling, in default of bail. He pleaded intoxication in ex- couse for his conduct, JEFFERSON MARKET POLICE COURT. The storm of Thursday resulted in the appear- ance of an unusual quantity of incbriates at the Jefferson Market Police Court yesterday, but seemed to have paralyzed the energies of the greater criminals. Many of those brought up Were poor, shivering, homeless creatures and were provided for by the Judge with a refuge in some of the various institutions provided for such, Few complainants were present, the storm pre- venting even the women, who usually frequent the Court in large numbers, from putting in an ap- earance. In the afternoon the monotony was a by the appearance of a prisoner charged wi Larceny at a Fire. Inthe morning and during the progress of the fire at Maillard’s, on Broadway, OMcer Gilgan, of the Fifteenth precinct, observed a man of suspicious appearance in the buitding, who subsequently gave his name as William H. Campbell. Upon ques- tioning him his answers were not satisfactory, and the officer arrested him. Upon his person were found five table-knives and a bunch of skeleton keys, When brought up vefore the Jefferson Mar- ket Police Court Mr. Charlies Bouche made com- plaint for Mr, Maillard, and he was held to bail in the sum of $500 for trial at the Special Sessions. BROOKLYN COURTS. UNITED STATES COMMISSIONERS’ COURT. The Special Tax. Before Commissioner Winslow. Frederick Dahl was charged yesterday with deal- ing in manufactured tobacco, at No. 169 Throop avenue, without paying the special tax required by law. He was held to bail in the sum of $200 to appear on the 11th of January. COURT OF SESSIONS. — Morris Swindled Out of Eighty-five Cents. Before Judge Moore and Associate Justices, On Sunday evening, the 8th inst., ex-Judge Samuel D. Morris, while; walking through Court street, near Joralemon, was accosted by a ragged fellow, who told him a piteous tale of poverty and family suffering and begged for alms. Judge Morris, who is noted for his benevolence, ‘ave the wretched creature just eighty-five cents (all the change he had), and the mendicant thankfully left him. Judge Morris proceeded down Court street, and before going very far happened to look round, and saw the poor young man accost another party. Think- ing that the fellow was a fraud, he followed him. as far as the corner of Clinton and Fulton streets and there passed him. Judge Morris pulled his hat over his eyes and waited’on the block below until the poor young man reached him. The impecu- nious young man, not recogniziug him, “struck” him again; but the Judge would not have it this time, and accused the fellow of being a fraud. The young man bereft of the things of this worid re- ‘sented this with virtuous indignation, and was pro- ceeding with the rarration of another tale of suf- fering at home, when the Judge agreed to accom- pany im home, and ifsuch a state of affairs existed 0 assist him. So the Judge and the destitute young an started off and tramped until they got away down at Hamilton aay The poor young man ex- on great ditculty in finding his home, and in fact did not find any, and might have led the Judge on a further wild goose chase had not the latter handed him over to an officer for a swindler. ‘The prisoner, who gave is name as John Bell, was tried and convicted in the Court of Sessions yesterday, and Judge Moore remanded him for sen- tence. ‘The funny counsellor, Greata, who was as- signed to the deience, endeavored to show that the complainant as much liable to indictment for iving the eighty-five cents as the prisoner was for receiving it. Judge Moore informed tie jury. that they must take the law from the Court, and not from the funny counsellor, Greata. REAL ESTATE MATTERS, A Stagnant Market, but Not Unexpected— Two Legal and Several Important Pri- vate Sales Yesterday. No operator in real estate, whether broker, buyer or seller, is in the slightest disappointed at the stagnancy existing in the market during the past few days. As sucha state of affairs was con- fidently expected by all, therefore mo one is in the slightest disappointed. The snow storm has like- wise had an effect to retard transactions in this line. At the Exchange yesterday a fair attendance congregated, but only two sales occurred, neither of them, however, being of very great moment. James M. Miller disposed of the three story high stoop brick house (party walls) 246 East Fortieth street, between Second and Third avenues, 14x98 feet, by order of Gustave Wenzell, executor, to J. J. Nathan, for $9,600, Anthony J. Bleecker, Son & Co. sold the four story and basement brick store and tenement house 813 Eighth avenuc, west side, between Fifty-third and Fifty-fourth streets, 25.11;x 60x80 leet, by order of George H. Brewster, referee, to F, Blesson, for $14,200. In private sales we can report a weighty trans- action, by John 8. Pierce, 106 Broadway, con- sisting of eight three story high stoop brown stone eet eh each 20X50x99.11 feet, seven on the north side of 182d street, commencing 75 feet west of Fourth avenue, and one on the south side of 133d street, 196 feet west of Fourth avenue, for $17,000 each, or $136,000 for the whole. John McClave sold to Mr. William Sahleim, yester- day, four lots, 190x100, situated on the south side of 111th street, 200 feet east of Riverside Park, for $24,000 all cash. E. H. Ludlow & Co., N. R. Stevens & Son and others have effected several heavy sales on private terms, which, however, the purchasers object to having made public. Atew more days of dulness may be expected, which willclose the year, then the real estate in- terest promises to become more active than it has been for years past. ALLEGED BIGAMY IN HOBOKEN, A Prominent City Contractor Accused of Keeping Two Wives—Dissolutions of Partnership and Supposed Flight of the Accused. Yesterday morning there was brought toJight in Hoboken a transaction which will become a fruitful topic of comment and discussion for the unrivalled gossipers and scandaimongers of Hoboken. At the suit of one Willisia Stephens Recorder Bohn- stedt issued @ warrant for the arrest of a well known city contractor named James Coughlin on a charge of bigamy. From the statement made by the said complainant it appears that on the 25th of Junuary, 1870, she was mar- ried to the accused in New York by the Rev. John E. Coopman, pastor of the Bedford street Methodist Episcopal church, and in con- firmation of this the marriage certificate was pro- duced in Court. The pair lived thereafter, as alleged, a8 man and wie, although Coughlin re- sided nominally i» Hoboken, while the alleged Mrs, Coughlin kept house in New York, t long Ex-Judge | ago, so rumor has it, lie eye fell on a Miss Hortense Grigor, @ young lady of seventeen, who has not been long out of the school, Between the latter and Mr. Coughlin sprung up an acquaintance, the upshot of which was that on last Tuesday the pair were united in matrimony hy the Rev. Dr. Cauvin, pastor of the Catholic church tn Hoboken, is said Coughlin had been in the house of Wiilisi When the news of his marriage to Miss Griser reached the ears of Willisia she hied tu loboven, in company with her two sisters, and procured tue warrant as stated. The complainant, instead of keeping the matter seciet, ht to give it the utmost publicity by every means. She avows her determination to send her alleged husband to the State Prison, This may prove a dificult task, im- asmuch as it is alleged the accused has fed to some unknown region, The HERALD of yesterday contained a notice of dissolution of partnership between him and Mr. Michael Callahan, of Hoboken. Owing to Coughiin’s prominence in Avboken, this | alleged duplicity on his part has given rise to much excitement among the Hobokenites. Horatio Gallup, a man sixty-five years of age, born in this country and lived at 23 Bank street, on Thursday afternoon drdpped dead in the office of Messrs. Peek & Bogart, 165 Bank street, The boarding*iouse at 14 Greenwich street. Mra. Mort- ier bad not the, benor of Mr. Begch’s acguaint- remaing were removed to the late residence of de- ceased, and an inquest will be heid by Coroner Young. , On that same morning it | » | oveavions young Krause THE VIENNA EXHIBITION. Gratifying Progress of the American Commission—The United States Minis- ter to Austria and the London Times on the Exhibition. To THE EDITOR OF THE HERALD:— The following interesting extracts from a letter just received from Hon. John Jay are so valuable that I trust they will be afforded a place in your columns. I most sincerely hope the suggestions may meet a favorable response, and our depart- ment of the great exhibition be so supplied with proper objects as to make it a credit to the nation. THOS. B, VAN BOREN, United States Commissioner General. New York, Dec. 26, 1872, * * ° * ” * * Mr, Jay says:— Thad along visit from the Baron Schwarz Sen- born day before yesterday. He is delighted at the vigor with which you have pushed the school mat- ter and the prospect of a complete exposition of our system, and said that the publication of the particulars of the meeting at Washington had pro- duced the happiest impression at Vienna, espe- cialiy on the part of the government. ‘here will be, he said also, a complete exposition of the Ger- man school system. He is very anxious that there should be a full collection or our frult and vegeta- bles, and willeven permit the vegetables to be raised here. He also wants some American pines, pe cially the Washington, to add toa group of Ameéri- can trees now growing here, which he proposes to transplant to the Prater, impression is that if we have such an exhibition in all respects as America ought to make, it will give @ great impulse to emigration on — the part of the better class—skilied workmen, sinall farmers with money, and gradually of men ef culture and science. And there can be nothing more suggestive of a fertile soil and pleasant home than a generous supply of fruit and yegetables, ‘The Baron hopes for rich assortments of ores from the different States; and as the time is so short for individual contribution, why should not each State and each city contribute something on its own account? A suggestion from you to this effect would probably secure @ general acquiescence in the plan, especially wit were understood that the plan would be renerally adopted. From the city of New York, for instance, what could be more apprépriate than a raised plan of the Central Park, showing the bridges, statues, &c.? And the Baron said that the models of our great engineering works, and CS seread of our notable public buildings, would .be most effective in adding interest to our peparenent and educating the people in regard to America, He has just sent me some copies of the programmes, which I have ad- dressed through the State: Department to the Gov- ernors of the States and Territories and to the Mayors of twenty-five of our cities of the largest population as given in the last census. A model of the Capitol at Washington would be desirable. Under group 20 we should certainly have a West- ern farm house, and perhaps the log cabin first occupied by the new settler. A model of the new part of Chicago would be immensely interesting. Our machinists, especially the builders o! boilers, engines, agricultural machines and others of all sorts, may expect to meet the mest earnest compe- tion trom the large firms of England, France, Ger- many and Belgium, and on our success depends a vast deal im the future, Vag opel in view of the robability of a decline the coal supply of Eng- land. * + * © & He om In an article in the London 7imes of December 9, on the International Exhibition, to be opened at Vienna on the Ist of next May, we find the foliow- ing:— It is anticipated on all sides that the great Exbi- bition will be an unqualified success, We need not go far to find out the reason for this, Vienua may ¢ said to be tha exact spot where the West ends and East begins; hence an exhibition at Vienna is sure to attract to itselffar greater interest aud support from Oriental countries than one situated | in remote Western towns, like London and Pari! Moreover, England and France hope to find in Aus- tria and the countries I ‘ing east of her a great new market for their produce and manufactures, and will therefore take care to be as well represented in Vienna next year as they were in their own capitals on previous occasions; while Germany expects to compete with us on more than equal terms for the possession of the Austrian and Eastern markets. So alive are the Germans to their own interests in this matter that they are sparing no pains nor expense to get themselves worthily represented in every department of the arts, manu- factures and natural products, It is understood that the Imperial German gov- ernment have allotted £200,000 sterling toward de- fray tog the expenses of their Commission. We shall be répresented by between seven hundred and eight hundred of our best manufacturers and inventors, The Prince of Wales, as President of the Royal Commission, seems to be thoroughly aware of the great commercial imporfance it 18 to his country that she should be thoroughly repre- sented next year in.the East, and in consequence spares himself no pains nor trouble in the interests of the British exhibitors. But the Germans are not the only people on the Continent who are distinguishing themselves by their activity. On the contrary, France, in spite of the war, or rather the cause of the war, is making prodigious efforts to assert herself in Vienna in 1873 with all her old supremacy. But the two countries which are doing the most in pro- rtion to their size and importance are Switzer- jand and Italy. The Swiss think they beat Lanca- shire in their manufacture of cotton goods and Lyous in the production of silks, while in the mat- ter of cheap watches, pignofortes and scientific in- struments it is generally acknowledged that they have no rivals, These in themselves form the ma- terials for no mean exhibition; and when we con- sider that the Switzer is a cheaper as wellasa more educated workman than his brother in Eng- land, it behooves us to look to our laurels lest we should be defeated in strongholds which we have hitherto deemed impregnable. “The East, by all accounts, is going to flock into Vienna next year, and appears fully conscious of 1 the good it will gain y 80 doing; hence the ma- terial reward which the English exhibitors will en in the East by contributing largely to the Vienna Exhibition of 1873 is not one to be spoken lightly of or despised.”” Shall the United States“be left behind in this contest? Are we to yield up all thought of the Eastern market without a struggle? Because the provisions of the Austrian Patent laws are in some respects unlike our Own are we, like sulky children, to stay away from the Exhibi- tion and reap none of its benefits? Thousands of our countrymen will be there to look upon the Mmortifying contrast, and it isto be hoped, for the credit of the nation and in the interest of all our great industries, that our manufacturers, machin- ists and preducers will rouse themselves at once to the importance of this contest of the nations and send to Vienna the worthiest specimens ot their productions. HORSE NOTES, The Directors of the Utica Park Association have determined to give a four days’ running meeting the coming Spring, and it is understood will select the 17th, 18th, 19th and 20th of June as the days on which the racing will take place. The programme will be published in a short time. The city of Paris has voted 60,000 francs for racing in 1873, W. 8, Frazier, of Aurora, Ilinois, has sold his bay gelding Brother Jonathan to John McKee, of Greenville, Pa., for $12,000, J. Henry Chilis, of Lexington, Ky., has sold his chestnut yearling colt Hatlstorm, by Mambrino Patchen, dam by Edwin Forrest, to Jolin Monahan, of Springfield, Ohio, for $2,500. The Savannah Jockey Club will open the cam. pelge. ofthe racing season of 1873 on the 4th of cane! the meeting to continue on the oth, 6th and 7th, The long distance trotter Mattie Howard, who distinguished herself by trotting twenty miles in less than an hour, has been putin: training at Ag- ricultural Park, San Francisco. Her name has been changed to Lady Mace. The San Francisco Cau says there is talk of a five-mile match between this mare and Democrat. The latter beat Mattie once at this distance of ground, but her friends think that she is a much better mare now than she ‘Was when she previously trotted Democrat. An English turfite has oifered £5,000 for pe French Derby horse Montargis, with the contin- rency of half the Derby stakes if he won them. 'he offer was refused. SUICIDE OF A GILDER, A Handsome Young German Shoots Him- self—Iil-Health the Cause. For some time past Herrman Krause, a hand- some young German, twenty-five years of aye and by trade a gilder, has occupied a room in the hoarding house, 108 East Seventh street, his elder | brother having @ room onthe same floor. Herr- | man has lon, been suffering from disease, for the cure of which he had abandoned nearly ail hope, which at tutervals made him very despondent and low-spirited. On one or two has been heard to | make threats against his own life, but his brother seemed net to entertain fears that the threat | would be carried into execution. Mr. Krause was | catied as usual yesterday morning by his brother, | and made a reply but did notgetup, About nine o'clock, a3 Mr. Krause tailed to appear, the ser- vant girl went to the door of the room, and, listen- | ing for a moment, imagined she heard groans within, Opening the door the girl entered the room and found Mr. Krause lying in bed in his night clothes, his’ = under- shirt being perfectly saturated with blood. Mr. Krause was quite insensible, and in a dying con- dition. Aid was instantly summoned, and an ex- amination showed that Mr, Krause had placed the muzzle of a double-barreilea revolver to his left | side and discharged it, the bullet probably enter- | Ing his heart. Death must have cusued in a few fnutes a‘ter the deed was committed. ‘The re- volver helonged to the room-mate of deceased, and | had been lefton the mantelpiece when the owner went out to his place of business, Coroner Herr- man has taken charge of the case, and will old an ingucas, 7 ———————— MUNICIPAL AFFAIRS. earn THE BOARD OF APPORTIONMENT. Riverside Park Appropriations—Transe fer of Moneys from Account of Armories and Drill Rooms—A Proposal to De- crease the Salaries of Public Officials. ° A meeting of the old Board of Apportionment was held yesterday at the Comptroller's office. ‘The following business was transacted :— ASSESSMENT BONDS FOR RIVERSIDE PARK. The following bonds were ordered to be raised :— Assessment fund bonds, authorized by chapter 579, section 18, Laws of 1863, $2,500,000; city improve- ment stock, chapter 920, Laws of 1869, $3,000,000, These amounts are to be applied for paying for the land for the Riverside Park, and were so or- dered. EXTRA CONTINGENCIES. It was resolved that the sum of $10,000 here- tofore appropriated to the account of “intestate estates” from the account of “extra contin- gencies” be, and the same Is hereby, retransferred from the account of “intestate estates” to the ac- count of “extra contingencies.” JUDICIARY SALARIES, ‘The following appropriation was made by trans- ferring it irom the account of armories and drill rooms:— Court Common Plea Supreme Court. County Clerk's office. Total. seetee od CHARITIES, COURT HOUSE AND CORONERS’ FBES, leaning and supplies for county offices... ..... $ New York Socle'y for Kellef of the Ruptured and ‘rippled. . Total....... VARIO LATIONS. The following amounts were ordered to be taken from the account of armories and drill rooms and Placed to the undermentioned appropriations Salarios—Judiciary for Marine Cour: General Sessiony.......0escceeeee+ pirolier's of sion, expenses Board of Apportionment, expenses INdMENE, 6.6.06 as THE POLICE FUND, An appropriation of $18,000 for the police fand was ordered to be transferred from the account tor street cleaning. EXTRA CONTINGENCIES. It was resolved that the balance to the credit of the appropriation for extra contingencies in the Department of Finance shall be applied and paid out by the Comptroller, in his, discretion, for such purpose or purposes ag are authorized by law and may be necessary for the beneit of the city and county government, ‘A PROPOSED REDUCTION OF SALARIES, The Comptroller moved the following resolu- tion:—“That the previous action of the Board of Apportionment relative to the increase of salaries of officers, clerks and employés of the city and county government be, and the same is hereby, rescinded and repealed, the same to take effect from and after December 381, 1872,” ‘The President of the Department of Public Works moved ag an amendment that the reduction take place on all salaries over $10,090, On a division the Mayor voted against the amend- ment, and it was lost. On the original resolution the Mayor also voted against it, but, as all résolutions must be unani- mous, this was also lost. GENERAL FUND APPROPRIATION, It was resolved that the Comptrolier Pay and Was .authorized, in his discretion, to transfer to the General Fund of the city of New York the balance of appropriations of the city or county, respect- ively—except jor interest on debt—remaining un- ~ expended on the 3lst day of December, 1872, after ete for the payment of expenses which may have been incurred prior to such date on account of any and said appropriation. THE BOARD OF SUPERVISORS AND ARMORIES AND DRILL ROOMS, An Alleged Job in the Leasing of Nilsson Hall for an Arméry and Drill Room. A mocting.of members of the Board of Super- visors was held yesterday in the chambers of the Board of Aldermen for the purpose of taking evi+ ‘dence, in compliance with the following communi- cation: 6 3188 . ECEMBER bf To tHE Boarp or SureRvisons County or New YORK :— May it please your honorable body, the unde ed respectiully represent to your honorable body the fol ing facts for your worthy consideration and perempt action in order to prevent the re-enactment of tral and abuses in the leasin s of premises tor armories by county of New York, It 1s respectfully sulymitted thats, building called Nilsson Hall, situated "in East Fifteenth: wireet, nenr Third avenue, was recently offered Dy proprietor, a Mr. Yot Fi to che agents of Colonel Sta of the Nincty-sixth regiment of N. Y. 8. N. G., at a yearly, rental of $6,00); but, it being ascertained that the prem ises were to be used tor armorial purposes, the landlor: insisted on au increase to and a payment of al taxes. These terms were agreed upon, conditional with the acceptance by the county of the lease, combined with & written guarant.e that the lease should hold good for ten year: Fe Rubsequiently your Board leased this same building at the rate of $14,000 per year and the payment of taxes, making a difference of no less than $4,000 loss to the cllizens and taxpayers of New Y We therefore mostrespectfully, yet urgently, petition that the $1400) lease be cancelled, and @ lease at the price first agreed upon be pertected. Tt has been brought to our knowles” that Colopel Stauff, of the Ninety-sixth regiment \ 8. N. Y., was authorized by Supervisor Conover to. scicct a ‘suitable duilding for his regimental armory, it, beng promised Coionel Stautt that when the iease should be accepted It would be assigned to the use ot the Ninety-sixth regi- ment, which.was accordingly done, and remains to-day @ matter of record on the minutes of the Board of Supervi- sors. ince the enactment, however, we learn that certain members of your honorable body desire the assignment of the bullding tothe Sixth regiment, commanded by Colonel F. Sterry, thus depriving the Nincty-sixth regl- ment, whose present armory is totally unfit for use (hav- ing been several times condemned, and the roof con- stantly leaking, thereby destroying'p vperty, belonging to the State and county of New York, amounting in value to more than tweuty thonsand dollars), o! armory which was originally’ leased for them, which, as a matter of right and econoniy and justice, should be nnmediately accorded them, a A, STAUFF, Colonel Ninety-sixth regiment. AUGUSTUS FUNK, Brigadier General, N. G. 8. N. ¥, General Augustus Funk was the first witness, and said that he desired an adjournment of the hearing until this (Saturday) morning at eleven o'clock, In reply to inquiries of Supervisor Conover he said that he told Supervisor Conover that Nils- son Hall could be obtained for $6,000, and that he said that before the Committee on Armories and Drill Rooms, and he would prove on the following: day that Supervisor Conover knew this and bring several witnesses in support of that statewent. Supervisor Conover asserted that this statement was talse, and. asked for the reading of the follow- ing comuiuiication, which he said was not a proper letter to send to a Supervisor:— To D. D. Coxoven, Chair Board of Supervisors, Ne Sin-—I desire once more to request you to grant the use of Nilsson Hall to the Ninety-sixth regiment N. G@. 8. N. ¥., for the following reasons, which hope ‘you will, consider ax made by me not only jn the Interest of the troops uuider ny command, but also in that of the city:—This building was secured to the ci through Colonel A. Staudt and his agent a would have saved the clty $1000. Y changed the aumount of rent agre Stan's agent to an excess of $HAN per ¥ To save delay and troubie would it not be use your influence and have this building assigned OU to to tho! the Ninety-sixth regiment N. G. 8. N.Y. upon terms agreed “upon by Colonel’ Stauf’s agent they holding a written’ contract from the owner of the building for the lease at $10,000 and taxes p Colonel Stauil has this day showed inc a protest, WI he will offer to the Board of Supervisors, in whieh he sets: forth all these and many other facts, which wi sult in the loss of the building as ah armor: whatI do not desire. Why not assign the Sixth reg N.G.8. N.Y, to ‘Thirty-fourth street, by which {he Sixth regiment will be. greatly benesited by br them over a mile nerrer their desired location? Ver; respectiully, AUGUSTUS FUNK, Brigadier General. Considerable recrimination was then indulged in by Supervisor Conover, and he pronounced the as- sertion of General Funk to be false as hell. ‘The inquiry was adjourned uutil this (Saturday) morning at eleven o'clock. THE FREE V8, THE SALARY SYSTEM. , i Letter from Mayor Hall to Commissioner Van Nort, Protesting Against the Pro- posed Change. Mayor's Orrick, New York, Dec. 19, 187% To THE COMMISSIONER OF PUBLIC Works:— . Sin—Although I shall not be in office when thé change which you contemplate respecting Collect- ors of Assessments shall occur, I beg to record my protest, as Mayor, against. the policy of the pro- posed movement to change tho free system to the salary one. I have as exalted an opinion of the honesty, faithfulness and zeal of the public oilicers who are to be in oMice on the 1st of January as any one has, But I do not belteve the majority of persons whose duty it is to collect moneys will collect them ag vigilantly and as fully for the interests of their governmental cestut que trusts, When under salary, as when stimulated by percentages. It is more natural for a man who draws a mere salary as col- lector to sit in his office and wait for the sums to be paid to him than to use strong exertions to procure payments from unwilling debtors, for his salary continues whether they pay or do not pay, Tract dues trom property owners in this city is, to use a homely phrase, like extracting first teeth from a juvenile, Half the Property owners will pay assessments only when absolutely compelied either by peremptory notices of by addition zeal. Governmenta@ experience everywhere has proved this. The fee systein always stimulates In- dustry of officials, and’ the aggregate gain to the CONTINUED ON NINTH PAGR, i